A El Paso resident may be concerned about a younger sibling's safety with the biological parents and wonder how to get custody of the sibling. The first step might be for the person to try to talk to the parents and convince them to give up custody of the child. If the parents do not agree, the older sibling must persuade a court that the child is experiencing abuse or neglect and is in danger. Courts are otherwise reluctant to separate children from their biological parents. If the court is convinced, the older sibling may still struggle to prove independence and the ability to care for the child.
Another scenario is one in which the parents have died. The parents may have named the person the legal guardian of the sibling in the will. However, if this is not the case, other family members might want to try to get custody of the child as well, and there could be a custody battle.
If a child has been taken out of the biological parent's home and placed into foster care and no other relatives want to become the child's guardian, this may be more straightforward since the state usually prefers to place children with relatives. If the person cannot get custody of the sibling, it is possible to try to get visitation.
In any case involving child custody, the standard used is the best interests of the child. Therefore, a person who is trying to get custody of a child, whether that person is a parent, a sibling or another family member, should try to show a strong bond with the child. Even in a custody dispute, a person should avoid appearing uncooperative with family members since the judge may consider those important relationships for the child to maintain.