How to Get Custody of a Sibling in Virginia

Guardianship in Virginia 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 Virginia might order a guardianship for a variety of people, including a minor child in certain circumstances.

A person does not actually get custody of a sibling in Virginia. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances. The minor sibling would be referred to as the “ward” of the guardian in legal terminology. Serving as a guardian would be the equivalent of having child custody in Virginia.

Guardianship of the person for a child gives the guardian the right to physical custody of the child. The guardian may also make legal decisions about the child’s upbringing, including their education, their residence, their medical care, and the social activities and relationships in which they participate.

In Virginia, a guardian might also be appointed by a court for the estate of a child. This would mean that the guardian supervises the child’s financial affairs. The guardian may take control of the child’s assets and disperse funds for the ward’s medical care, education, maintenance, and support.

Again, child custody laws do not provide the answer for an adult sibling who wants to care for their minor sibling. A local attorney in Virginia would be able to provide more information about guardianship.

A court is likely to appoint a guardian for a minor, who might be an adult sibling if one of the following is the case:

• Both parents’ parental rights have been terminated by a court order
• Both parents are deceased
• Both parents have been deemed incapacitated
• Both parents have disappeared
• A parent of the minor is currently imprisoned, and the other is not available to provide care for the child
• The biological parent or parents allow the minor child to live with the adult sibling, but the adult sibling does not have the legal authority to make medical decisions, enroll the child in school, or deal with other situations that require them to have legal authority to act on behalf of the child

In the last situation, the adult sibling must file a petition for guardianship in order to acquire the legal authority they need to make all of the decisions that align with the child’s best interest.

In Virginia, once appointed as the guardian of a minor, the guardian must file an annual written report with the probate court regarding the general status of the minor. The guardian would report whether the minor received any medical treatment, including psychiatric treatment. In addition, the guardian’s report may have to include information about the minor’s assets and finances.

Any person who is interested in the well-being of a minor can petition a Virginia probate court to be named as the guardian of the minor. This would include an adult sibling. The court may appoint a guardian for an unmarried minor in a variety of situations as noted above.

What Is the Process for Obtaining Guardianship of a Sibling?

A person who wants to be appointed as the guardian of a minor sibling would file their petition for guardianship with the Circuit Court clerk in the county in Virginia where the child lives. The person who files the petition would have to notify any relevant parties, such as the parents of the child. The court then sets a hearing date.

The necessary documents are online on the website of the judicial system in the county where a person files. A person may need to file a Guardian of Minor Information Form along with the petition. Instructions for the form can be found on the website of the court where a person files their petition.

To become a guardian for a minor sibling in Virginia, a person has to be interested in the well-being of the child involved.

In the last situation, the adult sibling must file a petition for guardianship in order to acquire the legal authority they need to make all of the decisions that align with the child’s best interest standard. To succeed with the petition in this instance, the minor child must live with the adult sibling, and the biological parent or parents must give their consent to the arrangement.

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

To serve as the guardian of a child or their estate, a person would have to be at least 18.

Can a Sibling Be a Legal Guardian?

As long as the sibling who seeks to serve as a guardian is an adult and is otherwise qualified to be a guardian, they may serve as a guardian.

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 Virginia court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents. This would necessitate the appointment of a guardian. If an older adult sibling seeks an appointment, a court may well appoint the sibling if it would serve the interests of the ward.

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 of the child in their will to take over the job of rearing their child in the event of the parents’ deaths or incapacity.

On some occasions, the minor ward may have inherited money or received a payout from a life insurance policy from their deceased parents. Of course, a minor child does not have the maturity to manage their money or other assets, so the court may appoint a guardian of their estate as noted above.

The conservator’s role would be to protect and safeguard the financial affairs of the minor ward until they turn 18. A legal consultation would be a good idea if a minor has inherited money or property.

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 have a minor sibling whose parents are not available to provide the care and supervision they need, you want to talk to a Virginia child custody lawyer. LegalMatch.com can put you in touch with a lawyer who can advise a person on how to establish a guardianship and a conservatorship if that is also necessary.