Finding the best custody arrangement for the child is the aim of every custody dispute. Siblings who are adults may take steps to ask for guardianship of their siblings when both parents are found unsuitable or have passed away.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on whether a sibling can get custody and how they can do so. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Filing For Sibling’s Custody
Many times we have potential clients call when they are the siblings of children who may be in a situation where their physical and emotional well-being is being significantly impaired.
In cases like that, there are statutes under the Family Code that allow for a party who’s related within the third degree of consanguinity to come in and actually file a suit, either an original suit or a modification, and request that they become the conservator of their siblings.
So, there is the ability to do that. At Turner-Monahan, we have dealt with such cases in the past. You want to make sure that you retain an attorney who’s had experience in those types of cases and that can assist you properly.
Custody Vs. Guardianship
Custody and guardianship are two very different legal arrangements in the state of Texas. If you are seeking custody of your sibling, it is crucial to understand the difference between the two.
Custody is a legal arrangement that grants parents or other individuals the right to make decisions regarding a child’s care, custody, education, health care, and more. On the other hand, Guardianship is a court-ordered arrangement in which an adult is appointed to act as the legal representative of a child.
Custody is typically granted to parents as part of a divorce or other family court proceeding and can be either joint or sole custody. Joint custody means that both parents share decision-making authority for their child, while sole custody gives one parent the primary decision-making authority. In some cases, a court may grant custody to someone outside of the family (such as another relative or close friend) if it is deemed to be in the child’s best interests.
Guardianship, however, is a much more permanent arrangement that involves appointing an adult (the “guardian”) to act as the legal representative of a minor. This arrangement is typically used when a parent or other family member is unable to care for a child, either due to death, severe illness, or another issue. The guardian will then have the authority to make decisions regarding the child’s medical care, education, and other important matters. If granted by a court, guardianship can be either temporary or permanent.
In the state of Texas, both custody and guardianship are important legal arrangements that govern how decisions are made regarding a child’s care. Understanding the differences between the two is essential when making decisions about a child’s future. An experienced family law attorney in Texas can help you understand the legal options available to you.
How Does The Family Code Address Sibling Custody?
According to Texas family law, certain immediate family members of a kid may request managed conservatorship if they can convincingly demonstrate that the child’s existing situation would seriously harm them physically or mentally. There are two sections of Chapter 102 that elaborate on the issue.
Here is what Sec. 102. 004 states regarding “Standing for a grandparent or other person”:
(a) In addition to the general standing to file suit provided by Section 102.003, a grandparent, or another relative of the child-related within the third-degree by consanguinity, may file an original suit requesting managing conservatorship if there is satisfactory proof to the court that:
(1) the order requested is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development; or
(2) both parents, the surviving parent, or the managing conservator or custodian either filed the petition or consented to the suit.
Section 102. 0045 is specifically related to “standing for a sibling”. It states:
(a) The sibling of a child may file an original suit requesting access to the child as provided by Section 153.551 if the sibling is at least 18 years of age.
(a-1) The sibling of a child who is separated from the sibling as the result of an action by the Department of Family and Protective Services may file an original suit as provided by Section 153.551 requesting access to the child, regardless of the age of the sibling. A court shall expedite a suit filed under this subsection.
(b) Access to a child by a sibling of the child is governed by the standards established by Section 153.551.
Remember, having an experienced divorce lawyer on your side is essential to getting the best possible outcome for your case. Make sure you find a knowledgeable lawyer who can provide sound legal advice tailored to your particular situation. With the right representation, you can ensure your rights are protected throughout the process and move forward confidently.
Hire An Experienced Texas Family Attorney
Sibling custody cases can be particularly sensitive and require a great deal of legal expertise. It is important to have an experienced lawyer on your side who understands the nuances of family law and the unique considerations associated with sibling custody cases. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “During a custody hearing, are the laws different for mothers and fathers?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments?
- What Is The Difference Between Sole And Shared Custody?
- Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
