Getting custody of child's siblings?
My brother is in the process of getting custody of his 2 children however he would like to know if it is possible to get custody of his ex's 2 other children who only ever known him as their father. Is this even possible? We live in Pennsylvania if that helps
- 2 months agoFavourite answer
I have known of cases where this happened. If brother is the better parent and the four children want to stay together, he should first get custody of his children completely sorted out including the child support order. Then, he can encourage the other two to spend time with their half siblings. A court will not give him official custody without the agreement of both parents but if brother does not disturb the existing child support orders, the custodial parent may be perfectly happy to let them spend most of their time with him.
- JosaLv 62 months ago
The only way he could get custody was if the mother was unfit and there were no other relatives willing to take them and, if he had already adopted them. He can however, ask for visitation rights. It's entirely up to the Judge. The court will probably appoint an attorney ad lidum for the kids and he would make a recommendation to the Judge. If they are over 16, they can petition the court to move with him and he could have physicial custody or guardianship.
- Nekkid Truth!Lv 72 months ago
If he has sufficient evidence that there is an established relationship.. No other biological family members are fighting for custody, and mother is unfit.. Yes, it certainly is possible
- NosehairLv 72 months ago
No, if the mother of those kids is determined to be unfit the kids would go their biological father. Only if that bio-father wouldn't take the kids would your brother have a reasonable chance of getting them.
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- STEVEN FLv 72 months ago
It isn't IMPOSSIBLE. That said, unless he legally adopted the children, or no blood relatives are willing and able to take custody, it is unlikely he will even be granted a custody hearing.
- Anonymous2 months ago
It's possible but difficult. Blood comes first, so the child's birth parents would have to surrender custody. It would be easier if they would surrender directly to your brother. If the Court gets involved blood relatives would be looked upon more favorably, despite their involvement with your brother.
But, yes, it is possible. I suggest to people that they ask for temporary custody and then hope that evolves into permanent custody.
- SquidLv 72 months ago
It's possible, but you would have to prove to the judge that she is a danger to the children and they have no blood relatives available to take them in. Even after that it's rare.
If he's in a custody battle, why should ask his lawyer for advice instead of you and random internet people?
- PAMELALv 72 months ago
No, he would have a struggle to get custody of children that are not his biologically
- SlickterpLv 72 months ago
If he is not the biological parent, highly unlikely, but possible, if the mother is entirely unfit, etc.
- MaxiLv 72 months ago
You would need to get professional legal avice about tht one........ where I live not a chance as your brother is not their parent, not even their bio family