In family law in Texas, child custody is someone’s, typically a parent’s, right to make major decisions about their child, including decisions about:
- Where they will reside
- What type of education they will have
- Where they will go to school
- What their religious practices will be
- Medical care decisions
Decisions about children rest with their parents or with parents or individuals who have been awarded child custody rights by a court. As long as their rights are not terminated, a biological parent whose name is on their child’s birth certificate is automatically granted these rights.
Getting custody of a sibling can be a complicated area of child custody. A court will not typically give custody rights to an individual other than the child’s parent. If parents are not able to care for their child, an older sibling or adult child does not automatically get custody rights over a younger sibling.
If a sibling wants to obtain custody rights, they will have to show a court that both of the child’s parents are unfit or not capable of caring for the child or that both of the child’s parents are deceased. If the child’s parents have not passed away, they will have to sign a document stating they do not want to have custody over their child.
Examples of issues that may cause an individual to be considered an unfit parent include:
- Not providing the child with basic necessities or needs
- Abuse or neglect of the child
- Abandoning the child or children
- Exposing the child to situations that are psychologically damaging or emotionally harmful
An unfit parent may also be someone who lives a lifestyle that is, in general, not considered to be in the child’s best interests. Courts are more likely to consider parents to be unfit if they also conclude their behavior or the present conditions will likely continue into the future unchanged.
If both of the child’s parents pass away and they did not have a will that stated who would be responsible for caring for the child, an individual who has legitimate interests can petition the court for custody. Examples of individuals who can petition for custody include:
- Grandparents
- Siblings
- Aunts
- Uncles
- Family friends
Third party custody rights are usually only granted by courts in extreme or emergency situations. Because of this, it may be difficult for an individual to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As noted above, it is important to show the court that guardianship of an individual’s sibling is both necessary and in their best interests. To obtain custody of a sibling, the first step is to make a determination of whether a custody appeal is necessary.
This can be done by asking the parents or legal guardians of the child to give up legal custody of that child so that the sibling can take over as their guardian. In some situations, a child’s parents know that their child would be better off with someone else and are willing to give their child a better living situation.
In most cases, the sibling who is seeking custody will need to go to the court or court website in the county where their sibling resides. They will need to file a petition so they can be appointed as the guardian of their sibling in addition to filing any other required forms. Although the individuals who work in the clerk’s office can be helpful, it is best to have the assistance of a lawyer when completing and filing any type of legal form.
The sibling who is petitioning for custody will need to be aware if their sibling is involved in another custody case and if there is already an order governing the custody of their sibling. If there is already an order, the sibling may be required to petition the same court as the existing order to ensure that two courts do not issue two inconsistent custody orders.
Child custody decisions in Texas, as in another other state, will be made using the child’s best interest standard. If a child’s sibling claims that their parents are unfit, they will have to show the court that they can care for their sibling and provide for their:
- Food
- Housing
- Education
- Clothing
- Medical care
- A stable home life
A court may require an investigator to interview the petitioning sibling and their younger sibling and visit the home where they will be living. If the sibling can show that they are mentally, emotionally, and financially capable of caring for their sibling and that being in their care would be in their best interests, they may be given custody.
In addition, the court might consider the child’s preferences about their custody if the child is old enough and is capable of expressing a preference. If a family has multiple minor children, their adult sibling may have to show that having custody would also preserve their family unit. This applies especially in cases where there are not any other relatives who would be able to take in all of the siblings and they would end up being separated.
How Old Do You Have to Be to Take Custody of a Sibling in Texas?
In order to obtain custody of a sibling, an individual must be an adult. The age of adulthood is different in every state.
In the State of Texas, the age of majority is 18. An adult sibling must be seeking custody of another sibling who is under the age of majority.
If an individual has any questions about child custody of their sibling in Texas, they should have a legal consultation with a local attorney in Texas who can advise them of the specific laws and elements they will have to show to the court.
Can a Sibling Be a Legal Guardian?
A sibling can be another sibling’s legal guardian if they satisfy the age requirements discussed above and the court grants them custody rights. A court will presume that it is in the child’s best interests to reside with their biological parent.
An adult sibling may be able to become a legal guardian or even get custody of their sibling in cases where:
- Both parents are deceased
- Abuse
- Incarceration
- Both parents are incapacitated
- Neglect
- Addiction
- Another reason that deems the parent or parents unfit to raise the child
What Else Should Be Considered?
It is important to be aware that the laws governing child custody may be different in each state. This means that, for example, if one sibling resides in Texas and one resides in another state, or if one of both of the parent’s contest the sibling’s petition, it may get very complicated. Cases may also be complicated if the child owns significant property or is disabled.
A court may require that the sibling petitioner provide notice to their relatives of the guardianship petition. This may cause issues if the child’s parents are deceased and other family members were granted custody rights in their will.
If the child’s parents are not deceased and they agree to the sibling custodial arrangement, the court may award custody to the adult sibling if it is necessary and proper based on the circumstances of the case. If either of the parents objects, the child’s best interests will be the deciding factor, which includes an examination of whether the child’s well-being would be at risk if they stay with their parent or parents.
Do I Need an Attorney for Sibling Custody Issues?
If you are attempting to gain custody of your sibling in Texas, it is essential to have the help of a Texas child custody lawyer. As discussed above, these cases can be very complex and vary by jurisdiction.
Your lawyer will tell you exactly what laws apply, help you file your petition, and help you present the best case you can to the court as to why you should have custody of your sibling. If your sibling is in need of your help, having a lawyer handle your case gives you the best chance at success.
