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  1. #1
    Join Date
    Nov 2016
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    Default Can an Older Sibling Get Custody of a Younger Sibling

    My question involves adoption law for the State of: any?

    So this isn't a real scenario, at least not for me, but I am curious about it.

    If an older sibling has always taken care of a younger sibling (bc parents are too busy/too lazy), and I mean basically raised them as their own child, and the actual parents both die, could the older sibling (aged 18 or 19) get custody of the younger one? Especially if the younger sibling would prefer to stay with the older sibling.

    Alternatively, could the parents specify in a will that the older sibling should get custody of the younger one? Would that be allowed?

    If the sibling can't get custody, what would happen to the younger sibling? If they are going away to school (like a boarding school) would they be allowed to stay there?

  2. #2
    Join Date
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    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    You can put whatever you want in your will. But while designating a guardian may create a presumption, a court is not bound by what it finds to be an inappropriate choice.

    An 18-year-old is going to have a difficult time providing an appropriate household and support for a younger child, and will be at a general disadvantage if somebody else within the family is seeking custody.

    The rest will depend on the facts and state law.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    Quote Quoting Mr. Knowitall
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    You can put whatever you want in your will. But while designating a guardian may create a presumption, a court is not bound by what it finds to be an inappropriate choice.

    An 18-year-old is going to have a difficult time providing an appropriate household and support for a younger child, and will be at a general disadvantage if somebody else within the family is seeking custody.

    The rest will depend on the facts and state law.
    While I agree that it may be more difficult for an 18 or 19 year old to get custody over older relatives, that does not mean that its impossible. Particularly if the parents left a family home and adequate life insurance to cover expenses until the younger child is a legal adult.

  4. #4
    Join Date
    Apr 2009
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    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    Quote Quoting llworking
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    While I agree that it may be more difficult for an 18 or 19 year old to get custody over older relatives, that does not mean that its impossible. Particularly if the parents left a family home and adequate life insurance to cover expenses until the younger child is a legal adult.
    And specially if your first name is "Kelly".

    Quote Quoting llworking
    View Post
    While I agree that it may be more difficult for an 18 or 19 year old to get custody over older relatives, that does not mean that its impossible. Particularly if the parents left a family home and adequate life insurance to cover expenses until the younger child is a legal adult.

    (MKIA didn't say anything was impossible. Unless he typed it in invisible ink, which I suppose is possible)

  5. #5
    Join Date
    Oct 2006
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    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    Quote Quoting Dogmatique
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    And specially if your first name is "Kelly".




    (MKIA didn't say anything was impossible. Unless he typed it in invisible ink, which I suppose is possible)
    GAWD I had entirely forgotten Kelly.

    I just thought that MKIA would be interpreted as pretty much impossible, which is why I decided to comment.

  6. #6
    Join Date
    Dec 2013
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    835

    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    Is "Kelly" a past poster?

  7. #7
    Join Date
    Oct 2006
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    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    Quote Quoting readytoleave
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    Is "Kelly" a past poster?
    Well, a past troller more than poster. She posted some wild stories.

  8. #8
    Join Date
    Jul 2006
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    1,421

    Default Re: Can an Older Sibling Get Custody of a Younger Sibling

    Shania got custody of her siblings but that was Canada. And she is the QUEEN TWAIN.

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