How to Get Custody of a Sibling in NJ
When you think of child custody, you may think of an argument between two parents. But sometimes other family members may need to get involved.
There are situations in which parents don’t do a good job of raising their children. There are often situations where a sibling is much older and sees their younger siblings suffer from being in the care of their parents. Maybe both parents are in jail, or perhaps there are issues such as poverty, addiction, or mental illness going on.
In these situations, it is possible for a sibling to get custody of a sibling through a process called kinship legal guardianship. Adoption is another possibility. A lawyer can help a person understand what type of legal relationship they may be able to establish with their minor sibling.
What is Kinship Legal Guardianship?
Kinship legal guardianship is when a caregiver is willing to assume care of a child due to parental incapacity. They are appointed the kinship legal guardian of the child by the court with the intent of raising the child to adulthood. Child rearing includes the care and protection of the child as well as providing for the child’s health, education, and maintenance.
This caregiver has a “kinship relationship” with the children, and may refer to a sibling, family friend, or a person with a biological or legal relationship with the child. A person who wants to be appointed a kinship legal guardian must have cared for the child for at least one year first.
In New Jersey, kinship legal guardianship does not terminate the parents’ rights. Parents may still visit the child, and the parents are still responsible for supporting the child financially. However, if a person becomes the adoptive parent of a minor sibling, the child no longer has the right to receive any benefits, inheritance, or assets from the parents. The parents also do not have to pay child support to the adoptive parents.
What is the Process?
A person who wants to be appointed a kinship legal guardian to a younger sibling would have to apply through the New Jersey Department of Children and Families’ Kinship Navigator program.
The older sibling must have been caring for a child for at least one year and must agree to assume responsibility for the child until the child reaches the age of 18 (or age 21 if the child is disabled).
The court usually prefers adoption and will first look to see if adoption would solve the problem.
If the court finds that adoption is not realistic, then kinship legal guardianship is the next step. The court would assess whether appointing the adult sibling as guardian would serve the best interests of the child.
Contact Us Today
Guardianship of a minor by an older sibling is possible. Explore your options with a Cherry Hill family law attorney from Fiore Law. We will provide you the right information and advice for your situation. Schedule a case evaluation today. Contact us via (856) 214-8964 or online here.