If a person in Florida has a brother or sister whose biological parents are abusive, neglectful or deceased, they may want to try to get custody of the sibling. If the parents are alive, it will be necessary to present proof of the parents’ abuse or neglect. The situation will be quite different if parents are deceased. The custody process may then depend on whether the person is named as the child’s legal guardian in the parents’ will and whether other families are trying to get custody of the child as well.
If parents are unable to care for the child, the person might try talking to them and seeing if they will relinquish custody. However, the person will still have to demonstrate an ability to support and care for the child.
If the child is in the foster system, it may be less difficult to get custody of a sibling. Usually, the state would rather place a child with a family member. A person can also apply to get visitation rights to a sibling if custody is not possible.
A child custody law firm may be able to assist a person who wishes to gain custody of a sibling. The judge in a custody case will reach a decision based on the best interests of the child. In general, staying with the biological parents is considered to be in the child’s best interest; this is why it’s important to provide proof of abuse or neglect. In choosing who will get custody, the judge will consider factors such as the relationship the people seeking custody have with the child and what situation will offer the most stability.