Can an 18 year old get custody of an infant sibling?

topangamai

New Member
Jurisdiction
Arkansas
Hey so I am currently 17, but when I turn 18 I want to start trying for custody of my current unborn sibling when they are born. My biological father has a history of drugs, as a matter of fact thats why he lost all rights to me. He also abused me and my older half siblings. I don't want my new little sibling to go through that. I was lucky that my aunt got custody of me when I was five. I know it will be an expensive and long battle, but I am willing to do it. I can pass drug and back ground checks. He on the other hand goes in and out of jail and goes off and on of drugs. His girlfriend is 33 and has two 18 year old boys and grandkids. I do suspect drugs with her too. Can I get custody of the baby and if so can someone point me to where I need to start?
 
Hey so I am currently 17, but when I turn 18 I want to start trying for custody of my current unborn sibling when they are born. My biological father has a history of drugs, as a matter of fact thats why he lost all rights to me. He also abused me and my older half siblings. I don't want my new little sibling to go through that. I was lucky that my aunt got custody of me when I was five. I know it will be an expensive and long battle, but I am willing to do it. I can pass drug and back ground checks. He on the other hand goes in and out of jail and goes off and on of drugs. His girlfriend is 33 and has two 18 year old boys and grandkids. I do suspect drugs with her too. Can I get custody of the baby and if so can someone point me to where I need to start?

Sorry, no court is going to award custody of a sibling to a freshly minted 18 year.

In rare emergency cases, custody has been awarded to active duty military personnel.

However, the older siblings in those cases were 20 years old.

In one case, a 19 year old received custody. She, however, was only one month away from her 20th birthday.

I suggest you focus on finishing high school, getting training for a good trade (plumber, carpenter, mechanic, etc.), or matriculating to a community college, or university.
 
Sorry kiddo, but there is no a snowball's chance you can get custody. For one, if this isn't a wife of your father's giving birth, even he doesn't have any right to the child when it is born. That means you do not either. If he establishes paternity, the baby will have 2 legal parents. Both would have to either agree, or be found unfit and that can take years. Even then it is unlikely you would be able to get custody or adopt. You would need to not only be fully self-supporting but also able to care for a baby's needs too. It is rare for someone your age to fit that bill. If you believe baby is being neglected or mistreated, call CPS.
 
Sorry, no court is going to award custody of a sibling to a freshly minted 18 year.

In rare emergency cases, custody has been awarded to active duty military personnel.

However, the older siblings in those cases were 20 years old.

In one case, a 19 year old received custody. She, however, was only one month away from her 20th birthday.

I suggest you focus on finishing high school, getting training for a good trade (plumber, carpenter, mechanic, etc.), or matriculating to a community college, or university.
What if said parent lost rights to said child the older child due to meth and abuse?
 
Sorry, no court is going to award custody of a sibling to a freshly minted 18 year.

In rare emergency cases, custody has been awarded to active duty military personnel.

However, the older siblings in those cases were 20 years old.

In one case, a 19 year old received custody. She, however, was only one month away from her 20th birthday.

I suggest you focus on finishing high school, getting training for a good trade (plumber, carpenter, mechanic, etc.), or matriculating to a community college, or university.
School is no problem with me I'll be finishing up with my child education degree.
 
What if said parent lost rights to said child the older child due to meth and abuse?

You still wouldn't get custody. IF the parents of the child were married AND both of them were declared unfit by the courts then MAYBE you'd be at the very bottom of the list of potential relatives, after grandparents, aunts, uncles, and siblings older than you. As it is, you're not even on the radar.
 
It doesn't matter what happened with regards to a different child, at least 13 years ago. There is no automatic loss of parental rights. Even if he had just lost custody of you, it would not matter as far as this baby is concerned. Not to mention this baby has a different mother and we do not know that he will establish paternity. Even if he does lose parental rights, which is very hard to do, the baby still has a mother who is by default, a legal parent and automatic "guardian" of the child. Even if he establishes paternity, and if both parents were to be found unfit, the young half-sibling is not going to be the first choice for placement. If your father did lose all rights to you, then legally this child would not have any relationship to you at all. Sharing some DNA is not the basis for custody of a child.
 
Back
Top