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When it is necessary to get custody of a brother or sister

When a person in Illinois decides it is necessary to get custody of a sibling, there may be several obstacles in place. One will be proving to a court that the child is experiencing abuse or neglect and should be removed from the biological parents. Another will be convincing the court that a brother or sister is the best placement for the child. The person must demonstrate an ability to care for the child in a stable environment.

If the person is seeking custody because the parents have died, this may be a less difficult situation. Ideally, the sibling would be named as the child's guardian in the parent's will. If this is not the case, there might be other family members who are trying to get custody of the child. The judge will then decide which situation is in the best interests of the child. Another scenario is one in which the child is already in the foster system. This may also present fewer obstacles since the state would usually prefer to place a child with a family member.

A person who is concerned about how a sibling is being cared for by biological parents might also avoid a custody battle by talking to the parents. If the parents agree to relinquish custody to the sibling, the process may be less complex.

Family law cases involving children are often difficult because they are emotional. Several people may all want to do what is in the child's best interests but may have conflicting ideas about what they are. An attorney can often help devise a strategy for presenting evidence that a child should not be left with the current caregiver. If the court agrees, demonstrating a strong relationship with the child may help the person seeking custody.

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The Law Office of Bradley R. Tengler, Inc. 728 North Court Street, Suite B Rockford, IL 61103 Phone: 815-981-4859 Fax: 815-997-5129 Rockford Law Office Map