3 Tips For Getting Custody Of Your Sibling After The Death Of A Parent

In the event that one parent passes away, custody of any minor children will automatically go to the parent that is still alive. The parent does not need to file any legal paperwork; it is just automatically assumed that they will take on the responsibility of caring for the child. However, if you are an adult who is the sibling of the child, you can petition for custody over the child. This will not be easy to do, since the courts believe that the parent should always have custody of the child. However, there are a few tips you can use to get custody of your sibling after the death of a parent.

Ask the Living Parent for Custody

The easiest way to get custody of your sibling is by getting permission from the parent that is still living. Once you get permission from the parent, it is important to get a court-approved order. Without a court-approved order, the parent can take back custody of the child at any time. Some parents are more likely to give consent if the child has a disability or if they are financially unable to take care of the child on their own.

Prove That It Is in the Child's Best Interests for You to Have Custody

One of the few ways in which the courts are willing to grant you custody of your sibling over their legal parent is if you can prove that it is in the child's best interests for it to be so. This is usually easier to do if you can prove that the parent is financially unstable, has a criminal history or has a severe disability. Once you prove this, you also have to show the courts that you are fit to take care of the child both financially and emotionally.

See if the Deceased Parent Named a Guardian in Their Will

Even though custody of any minor children will automatically go to the other living parent, the courts will consider any guardians that were specified in the parent's will. If you are named as a guardian in the deceased parent's will, this will work in your favor when you petition for custody over your sibling. This does not automatically grant you custody over the child, but it will help to strengthen your case.

Getting custody of a sibling that is still a minor can be an uphill battle when you are going against the parent. The courts will rule in favor of the living parent before considering anyone else. Therefore, use these tips to help you get custody of your sibling. Contact a family law attorney for more information.