When someone is hoping to get custody of a sibling in Wyoming, they will have to follow Wyoming child custody laws. These laws outline the rights that legal guardians and parents have over children in the state, including rights to make choices about the child’s:
- Residence
- Medical care
- School
- Education
- Religious practices
In the majority of situations, the person who has the legal right to make decisions about children will be their parent or another individual who was awarded custody rights. Parents are automatically awarded these rights over their child when their name is on the birth certificate.
Pursuant to the laws that govern child custody in Wyoming, it may be difficult for a sibling to obtain custody of their younger sibling. Even though a court does not typically award custody rights to individuals who are not a child’s parent, in some cases, it may be done.
If a child’s parents are unable to care for them, it does not mean that a sibling will necessarily be able to obtain custody rights. When an adult sibling desires to get custody of a younger sibling, they will need to demonstrate to the court that the child’s parents are not fit to care for the child or that both of the child’s parents have passed away.
When both of a child’s parents have not passed away, they will have to sign a document indicating that they do not want to have custody of the child. Other issues may also arise that cause a court to deem a parent unfit, such as if the child is subject to:
- Neglect or abuse
- Psychologically harmful or emotionally damaging situations
- Abandonment
- Not having their basic needs met
If the child’s parents engage in lifestyles that are not in the child’s best interests, for example, ongoing drug use, the court may deem them unfit. This can arise when the court believes the parents’ conduct is likely to continue for the foreseeable future.
When both of a child’s parents are deceased, and they did not have a will that named who should take care of their child, there may be individuals in the life of the child who may be interested in custody, for example:
- Aunts
- Siblings
- Grandparents
- Family friends
- Uncles
It can be difficult for adult siblings to get custody of a sibling due to the fact that third-party custody rights are usually only awarded by a court in emergency situations. Older siblings, however, should not be discouraged by this because their lawyer can help them show a court how having custody would be beneficial.
What Is the Process for Obtaining Custody of a Sibling?
If a sibling wants to obtain custody of a younger sibling, they will need to show a court that awarding them guardianship is necessary and is in their sibling’s best interests. A sibling who is attempting to obtain custody may need to request that their parents or the legal guardian of their sibling voluntarily give up the custody rights they have.
Older siblings may also be able to request to be appointed as the legal guardian of their younger sibling. The older sibling should find out if there is already a custody order issued by a court.
When a custody order already exists, the sibling will have to file a petition in the same court that issued the existing order so there will not be multiple custody orders for the same child. It is important to note that there can also be additional paperwork that the sibling may have to complete.
Court employees and clerk’s office employees can be very helpful when an individual is completing necessary papers. However, it is important to have help from an attorney when completing any type of legal form to make sure it is correctly completed and filed. If the petitioning sibling files paperwork incorrectly, it may result in their petition being dismissed or other types of adverse decisions by the court.
In a custody case, a court may use an investigator who will interview the sibling seeking custody as well as the younger sibling. The investigator may also visit where the siblings would reside if the sibling is awarded custody.
When the older sibling can demonstrate that they will be capable of caring for their younger sibling emotionally and financially, they may be awarded custody. Whenever a court makes decisions in cases that involve children, it will follow the child’s best interest standard.
In cases where an older sibling is seeking custody of their younger sibling, they will need to show the court they can provide for their:
- Housing
- Education
- Medical care
- Food
- Clothing
The sibling seeking custody will also need to show a court that obtaining custody is in the best interests of their sibling. If the younger sibling is mature enough and old enough to share their preferences, the court may decide to consider those when it makes a decision.
If there are also more children in the family, the sibling who wants to obtain custody can argue that getting custody of their younger sibling will help preserve the family unit.
How Old Do You Have To Be To Take Custody of a Sibling in Wyoming?
Older siblings must be over the age of majority, or adults, to get custody of a younger sibling in Wyoming. In Wyoming, this is 18 years of age.
If an adult sibling is seeking custody of a younger sibling in the state, they should schedule a legal consultation with a local attorney in Wyoming. When the adult sibling lets their attorney handle their custody case, it gives them the best chance possible to obtain custody of their younger sibling.
Can a Sibling Be a Legal Guardian?
Yes, siblings can be legal guardians of minor siblings when awarded that right by a court. This may occur when both of the child’s parents:
- Are incapacitated
- Are incarcerated
- Have some other reason why they are not able to care for the child
What Else Should Be Considered?
There may be other issues in child custody cases that make them more complex in addition to those discussed previously. For example, if siblings reside in different states, the different states may have varying rules and laws that govern custody.
When the younger sibling owns a large amount of assets or property or if they are disabled, the older sibling may have to fulfill additional requirements before being awarded custody. They may have to publish a notification of the custody petition that will provide notice to other parties who may have an interest in the child’s custody.
Do I Need an Attorney for Sibling Custody Issues?
If you hope to get custody of your younger sibling in Wyoming, it is very important that you consult with a Wyoming child custody lawyer for assistance. Your attorney can give you advice about the specific state laws that will apply in your case, the challenges your petitions may face, and how you can present the best possible arguments in court.
If a lawyer handles your custody petition, the process will be less stressful for you, and your chances of success will be higher. This will allow you to care for yourself as well as your sibling.
You can find a lawyer near you who can help for free using LegalMatch. Just submit your question on the website, and you will receive messages from member lawyers near you who are pre-screened, licensed, and prepared to help. Having a lawyer handle your custody petition will be in your best interests as well as your sibling’s.
