In order to get custody of your sibling in Utah, you must understand the child custody laws in Utah. In Utah, child custody refers to the set of laws that grant certain legal rights to a child’s biological or adoptive parent(s).
It is important to note that child custody laws in Utah automatically grant child custody rights of a child to their biological mother when a child is born. Additionally, if both parents were married at the time of the child’s birth, then the child’s father will also get custody rights automatically.
If the child’s parents were unmarried at the time of the child’s birth, the father would first need to establish paternity. If this is the case, both parents can sign a Voluntary Declaration of Paternity form, which is available at hospitals.
The paternity acknowledgement form legally establishes the father’s paternity without needing to go to court. If the parents are unsure about biological parentage, DNA testing can be utilized to establish paternity by the court.
Importantly, a party who has custody over a child in Utah will have certain legal rights to make important decisions on behalf of the child. Examples of legal rights a party with custody has include:
- The right to make educational decisions regarding the child
- The right to determine the child’s primary residence, which is granted to the child’s primary custodial parent
- The right to make religious decisions regarding what religion to raise the child in, if any
The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts or the right to represent the child in a lawsuit
- The right to make invasive or noninvasive medical decisions for the child
- The right to make decisions regarding the psychiatric treatment of the child
When it comes to a sibling obtaining custody of their younger sibling in Utah, that is not allowed. Instead, siblings can seek guardianship of their younger siblings. It is important to note that the processes and requirements for obtaining guardianship share similarities with obtaining custody, but there are some differences.
What Is the Process for Obtaining Custody of a Sibling?
In Utah, a court will consider certain factors when determining whether or not to name a sibling as legal guardian. Once again, guardianship is necessary instead of attempting to get custody of a sibling. The considerations for determining custody are similar to the considerations for determining whether or not to grant a sibling guardianship of their minor sibling.
In general, an older sibling seeking guardianship of a minor sibling must also be able to demonstrate why naming them as the child’s guardian is in the child’s best interest. This means that the older sibling must typically provide evidence that the current custody arrangement is not in the child’s best interest.
The general process for obtaining a guardianship of a minor or dependent sibling in Utah is as follows:
- File a Petition for Guardianship: You need to first file a petition for guardianship in the district court of the county where your minor sibling resides
- Provide Evidence: Along with the petition, you will need to demonstrate that the current custody arrangement is not in the best interests of your minor sibling
- For instance, you can provide evidence of affidavits that demonstrate the parents are unfit or unable to care for the child, such as evidence of abuse, neglect, or other factors
- Court Evaluation: The court will evaluate your petition, which may involve them requiring a home study that evaluates your home, interviews, a background check, and a review of your ability to provide for your sibling’s needs
- Final Hearing: The court will then make a decision regarding whether or not you are fit to be named as the guardian of your minor sibling by utilizing the child’s best interest standard to determine whether you can provide for your sibling’s needs (shelter, food, education, medical care, etc.)
Once again, a court will often order a home study in guardianship matters. A home study is commonly ordered in guardianship matters concerning a minor child in order to provide evidence to the court that the person seeking guardianship has a living situation that is suitable for the child.
All decisions regarding a child in Utah will always be made in accordance with the child’s best interest standard. Under the child’s best interest standard, any decisions that will affect a child, such as guardianship or custody, should ultimately benefit and protect the child.
How Old Do You Have to Be to Take Custody of a Sibling in Utah?
In order to seek custody or guardianship of a minor sibling in Utah, you must be at least 18 years of age. This is because you need to be a legal adult in order to take on the responsibilities of guardianship. Further, the sibling that the older sibling is seeking to be named guardian must be under 18 years of age or otherwise legally dependent.
Can a Sibling Be a Legal Guardian?
Yes, as mentioned above, guardianship is the preferred method of obtaining custodial type rights over a minor sibling. Guardianship is a legal arrangement where a court appoints an individual to care for a minor or an incapacitated adult.
Siblings may seek to be appointed as guardians if the court determines it is in the best interest of the child. For example, there could be evidence that the biological parents are unfit or unable to care for the child due to reasons like abuse, neglect, or abandonment. If this is the case, all of those may be reasons a court could name an older sibling as legal guardian.
What Else Should Be Considered?
One other important factor to consider is that there are costs involved with obtaining a guardianship of a minor sibling. First, there are filing fees that must be paid in order to initiate the guardianship process.
The filing fee for guardianship petition for guardianship over a minor sibling in Utah is $360. Along with the initial filing fees, there are also other fees associated with obtaining guardianship, such as serving all other interested parties.
When it comes to guardianship cases, it is often advised to seek representation from a local attorney in Utah. Attorney fees will then vary based on the amount of time the attorney spends on the guardianship case.
There are also miscellaneous fees that add up quickly in guardianship cases, such as the costs related to paying process servers, paying court costs, undergoing a background check, performing a home study, and paying for certified copies of documents.
Do I Need an Attorney for Sibling Custody Issues?
If you are seeking to obtain custody or a guardianship of your younger sibling, and you have questions regarding the process, it is recommended to consult with an experienced Utah child custody lawyer.
LegalMatch can assist you in setting up a legal consultation with an experienced custody attorney in your area. A lawyer that handles guardianship and custody cases will be able to help you understand Utah’s specific laws on being named as your minor siblings legal guardian.
A lawyer will also be able to help you gather the evidence necessary to prove that naming you as your sibling’s legal guardian is in their best interests. They will also be able to help guide you through the process of filing the petition for guardianship. Finally, an attorney will also be able to represent you in court, as needed.
