When a child’s mother and father cannot provide a safe, stable living environment for a minor child, an older adult sibling may be named as the legal guardian and assume the responsibility of caring for the child.
It’s common for family members to step up and care for a child when the child’s biological parents are not in the picture, or if the bio parents pose a danger to the child’s well-being. For you to get custody of a sibling, there are a few steps to take, including proving to the family law court that you can provide a stable and safe environment to raise the child, and that you are raising the child in the child’s best interest.
You will have to file a petition with the family law court, and you’ll have to present your case, including supporting evidence, to the judge. An experienced Frisco family law lawyer can help you build the court case and present it to the judge on your behalf.
What you need to know before seeking custody of a sibling in Texas
Texas lawmakers believe that a healthy parent-child relationship is generally in the best interest of the child, and have written the Texas Family Code to reflect this. However, these laws allow exceptions in situations in which an unstable or unsafe relationship with the parent is negatively affecting the child. For example, if the child is being abused, the child’s parent has a substance abuse issue, or if there are other dangers to the child, such as a parent engaging in criminal activity, Child Protective Services may become involved, and a court order temporarily removing the child may be issued.
These orders can become permanent if ongoing dangers pose imminent harm to the child. The child may be placed with other relatives, including a sibling.
It’s important to note that Texas family law judges may choose to restrict access to the child or issue temporary orders in the hope that the parent will turn their life around and become a safe and stable presence in their child’s life. Many decisions judges make are aimed at eventual reunification in mind.
That being said, there are situations in which parental reunification with the child is not possible. If the parents are deceased, abandoned the child, are permanently incarcerated, or have voluntarily relinquished their parental rights, then the child’s older sibling gaining sole managing conservatorship (custody) may make the most sense.
Requirements for sibling custody in Texas
You must prove that you have legal standing to file a suit affecting the parent-child relationship (SAPCR). Legal standing requires proof that:
- You are at least 18 years of age
- You are within three degrees of consanguinity (relation to the child)
- There is an emergency, or the child’s present circumstances significantly impair their physical health or emotional development
- You can care for the child’s financial, physical, and emotional needs
- You can provide a stable, safe, and happy home for the child
Texas Family Code notes that an emergency includes a parent committing an act of family violence, substance abuse, child abandonment, or child abuse or endangerment. Courts may issue temporary orders granting a sibling custody until a parent serves time in jail or completes a substance abuse program and demonstrates a period of sobriety; it’s unusual for a sibling to receive permanent sole managing conservatorship right off the bat.
Steps for getting custody of a sibling in Texas
Your first step in seeking custody of your minor sibling should be to hire a local family law attorney experienced in these matters and listen to every word of their advice.
You must file a petition with the county court and include an affidavit outlining your eligibility to file a SAPCR suit and the facts of the case. Include any supporting documentation, such as emails or texts, court orders or arrest records, photos or videos, and a list of witnesses who can testify about the parent’s dangerous actions.
After the petition is filed, the child’s parent or parents are served with notice of the filing and have up to 20 days to file their response. If you do not have your sibling in your possession at the time you file the SAPCR petition, you can also file a motion with the court to request that the child be relinquished to you at a specific date and time.
If approved, your temporary orders may only last 14 days, getting the child out of immediate danger until both parties can present their case before the judge.
Get help protecting your sibling through a custody order
Are you seeking child custody of a sibling in Texas? The Albin Oldner family law attorneys can help you get a custody order to protect your little brother or sister. We invite you to call our offices at (214) 423-5100 for a confidential consultation to clarify the situation and explain the next steps in your custody case.
