Can an older sibling get custody of their younger sibling without the mothers consent?

Answer 1

It would have to be taken to court for a judge to decide. But if the older sibling is old enough to care for them, *is able to financially support them, and can prove they would be a better guardian than the mother would, the older sibling may stand a good chance of getting them. But he or she would have to prove the mother is unfit, such as abusive, gross negligence, a drug addict or alcoholic, bringing strange men into the home on a regular basis, etc.

*If the older sibling did get custody of the younger ones, he or she may receive financial assistance from the state and the mother and/or father may have to pay child support.

Answer 2

She must be over eighteen to petition for guardianship in most states. However, she must have a good reason to request legal guardianship and she must be able to provide for her younger sister. She must provide evidence to support the reason the court should take custody from the present legal custodian. She should visit the local family court and ask to speak with an advocate, explain the situation and ask about the likelihood of her being appointed as guardian. If she decided to file a petition for guardianship the court will decide.

Answer 3

In some circumstances, yes.

NOTE: Always contact an attorney in your local area to confirm the Laws in your State and jurisdiction and to obtain legal advice.

Answer 4

Yes if a parent thinks they do.

Answer 5

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