How to Get Custody of a Sibling in Tennessee?

Guardianship in Tennessee refers to a legal relationship in which a court appoints a person to care for another person who is not legally competent to care for themselves. Courts in Tennessee might order a guardianship for a variety of people. A person does not actually get custody of a sibling in Tennessee. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.

Courts may grant a guardianship for a minor child whose parents are both unfit to have child custody in Tennessee or who have both passed away. Guardianships are also granted for adults with disabilities or people who are no longer able to manage their affairs because of illness. A local attorney in Tennessee would be able to provide more information about guardianships.

Guardianship is the answer whenever a child’s biological parents are unable or unwilling to act as the child’s guardian. In that case, another adult must be appointed to be the child’s legal guardian. For example, a minor child may need a guardian in any of the following situations:

• Both parents are deceased.
• Parents are incapacitated, for example, by illness.
• The child is abandoned by one (or both) parents.
• One (or both) parents are unable to care for the child for any other reason, such as addiction or mental health issues.

An adult may be granted guardianship of a minor sibling. The guardian would be responsible for making decisions regarding the care and support of their sibling, who is referred to as a “ward” in legal terminology. They would make decisions regarding their sibling’s healthcare, living arrangements, education, and other important circumstances related to their well-being.

The process of establishing guardianship involves filing a petition with a court, providing evidence of the fact that their sibling is a minor, so needs a guardian, and demonstrating that appointing a guardian is in their best interest. A minor sibling would be eligible to become the ward of a guardian because they are not yet an adult.

In addition to these tasks, a guardian is required to use the ward’s money for the ward’s needs and not for themselves or anyone else. For these reasons, a person who wishes to become a guardian might want to have a legal consultation about what the role involves.

A legal conservator, also known as a “guardian of the estate,” may be appointed by the court to handle the financial affairs of a minor child. If the child’s parents are deceased and the child receives a life insurance policy payout, a conservator must be appointed to manage those funds until the child turns 18. The court can appoint the same person as the guardian and the conservator or the court may appoint a separate conservator.

A guardian does have to allow their ward to have a voice to the extent possible in the decisions that affect them. The guardian is also required to make sure the ward has the opportunity to exercise the rights that they are competent to assert as would be natural in the parent-child relationship.

The guardian should protect the ward’s right to make appropriate choices for their age and circumstances. Of course, a guardian does not have to be perfect.

What Is the Process for Obtaining Custody of a Sibling?

A person who wishes to obtain a guardianship of the person only for their minor sibling would submit a petition in the juvenile court in the county where the minor lives. They may use a form that is provided by the Office of the Clerk of the Court.

If a person wants to be appointed as the guardian of the person or property or both, they may also bring an action in probate court if the death of a parent or parents is involved.

The form requires a preliminary inventory of all of the ward’s assets and liabilities. Therefore, the adult sibling needs to have a general knowledge of the ward’s real estate holdings, bank accounts, personal property, an estimated value of these assets, and the estimated amount of the ward’s debts.

Of course, a minor sibling may not have any debt as, generally, their finances would have been managed by their parents. They may also have very few assets of their own.

How Old Do You Have to Be to Take Custody of a Sibling in Tennessee?

As part of the process, the person who wants to be appointed as a guardian must show the court that they are physically and emotionally capable of caring for the child. A person who wants to be a guardian for a minor sibling would also have to show that they have the financial resources necessary to provide the care the child needs.

The court may order a home study so as to learn whether a prospective guardian has a safe home for the ward. The court would also want to know that the home environment serves the best interests of the child. If the child at issue is 12 or older, the court also considers the child’s wishes when deciding whom to appoint as the child’s guardian.

A court may require both a guardian and conservator to report to the court on an annual basis. They may have to produce inventories and accountings of how the child’s assets and income are managed.

Can a Sibling Be a Legal Guardian?

An adult sibling may be appointed as the legal guardian of their minor sibling if they are otherwise qualified, as noted above.

What Else Should Be Considered?

As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if a Tennessee court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.

In some situations, a child’s parents themselves may have named an adult sibling in their will to serve as the child’s guardian if the parents pass away or become incapacitated.

It is possible that an adult sibling of a minor child would be the person who petitions a court to terminate the parent’s rights. A Tennessee family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it would meet the child’s best interest standard. Courts use this standard for all child custody decisions in Tennessee.

They might also prepare the legal petition to get the adult sibling appointed as guardian.

If there is no adult sibling to serve as guardian and no other person qualified and willing to serve as a guardian, a court may appoint a public guardian. This is a person or entity who has the necessary qualifications and is registered and approved by the county probate court to serve as a guardian.

The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.

Do I Need an Attorney for Sibling Custody Issues?

If you want to become the legal guardian of your sibling who is under the age of 19, you want to consult a Tennessee child custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the court procedures needed and can help you make your best case.