How to Get Custody of a Sibling in PA
If you are considering going after custody of your sibling, you are likely in a very difficult position, and Pennsylvania courts recognize that sibling adoptions are sometimes the best answer. If this is where you find yourself, there are some points to keep in mind as you move forward on your journey. However, one of the most important steps anyone who is pursuing a sibling adoption can take is consulting with an experienced Harrisburg child custody attorney early in the process.
Legal and Physical Custody
Pennsylvania addresses the matter of child custody in terms of both legal and physical custody. Legal custody refers to the authority to make big-picture parenting decisions, such as the following:
- The children’s schooling
- The children’s medical care
- The children’s religious education
- The children’s participation in extracurriculars
Physical custody, on the other hand, determines who the children live with – or have visitation with. In some instances, a sibling can be awarded legal and physical custody of a brother or sister who is a minor.
When Siblings Get Custody
Pennsylvania courts base every child custody decision on the best interests of the child or children involved. To begin, you must be at least 18 years old to gain custody of your minor sibling. Awarding custody to a sibling, however, is generally reserved for extreme circumstances, such as when the child has neither a biological parent nor a grandparent available to care for them or when child abuse or neglect is present.
Pennsylvania courts begin with the presumption that children’s best interests are best served when they are in the custody of one or both biological parents. Gaining custody as a sibling – if your younger brother or sister has a biological parent in the picture – requires you to demonstrate that this presumption is incorrect.
The Factors that Can Affect Your Case
The best interest factors that Pennsylvania courts consider in cases involving a sibling seeking custody include:
- The degree to which you’ve served in a parental role for your sibling to date
- Your ability to provide your sibling with stability and continuity regarding their schooling, homelife, and involvement in the community
- The degree to which extended family members will play a role in your sibling’s life moving forward
- The depth of your relationship with your younger sibling
- Your ability to effectively address your sibling’s emotional needs while maintaining a loving, nurturing relationship with them
- Your overall availability to the child
- The child’s preference on the matter of custody – if they’re mature enough to weigh in
- Your age and overall mental and physical health
- Any history of drug or alcohol abuse on your part
Discuss Your Case with an Experienced Harrisburg, PA, Child Custody Attorney Today
Maria Cognetti is a Harrisburg, PA, child custody attorney at Cognetti Law Group who dedicates her practice to effectively guiding challenging child custody cases toward favorable resolutions, and we’re here for you too. For more information about what we can do to help you, please don’t hesitate to contact us online or call 717-909-4060 today.