Older Siblings Gaining Custody of Younger Siblings?

MarinaDelRay

New Member
Jurisdiction
Missouri
Hello,
Is there anyway I, or my older siblings could gain sole or shared (among ourselves) custody of our younger siblings?
I am 22, my sisters are 24 and 25, and my older brother is 26. None of us are more than $5,000 in debt, we all have good to excellent credit (if that means anything here), we all have fairly good jobs and are mentally sound. Already my 25 year old sister has been my younger siblings primary guardian since my younger sisters birth 9 years ago.

My three younger siblings (sister - 9, brother - 8, and another brother - 2) are currently living with our parents who I no longer believe are fit to raise them. My father suffers from OCD and other undiagnosed mental disorders that he refuses to seek help for and also refuses to leave my mother who is now, I fear, so emotionally screwed that she is no longer capable of caring for my younger siblings.
My mother has stated both publicly and privately that she no longer loves her family and wishes to have a new one with another man she knows. She views her family as a "prison" and has said so multiple times. She often leaves the house for hours at a time for "work", leaving my siblings in either my or one my two older sisters' care. When she is at home, if I or another older sibling didn't stop over to cook for them, then my younger siblings would have to fend for themselves. More than once, when I would stop by their house this summer I would ask when my then 1 year old brother had eaten and she would have no idea. He had eaten that day, sure, but what she didn't know. Whatever my older sister had made him earlier?
She has no real bonds with any of my younger siblings, has no inkling what their interests are, how they are doing in school, who their friends are, or what their overall mental and emotional state is like.
As for my father, his main problem is his refusal to seek mental help. This has put a strain on my younger siblings especially in the last year. He is not, however, abusive. But he does share my mothers overall lack of interest in my siblings lives.
The past year, my parents relationship has deteriorated badly, and they have some rather nasty (though non-physical) fights. My 9 year old sister has probably suffered the most from their constant fighting. I honestly don't feel able to go into that fully though right now.
 
If any child is being neglected, not being fed, schooled, given medical care, the adult who knows or sees the neglect should report the situation to the police or child services.

If children are being abandoned for hours or days on end, a responsible adult calls the police or child services.

If the authorities confirm your observations, the children will be protected.

I'd forget custody.

The safety of a child trumps custody.

However, if the authorities substantiate what you report, eventually custody will be on the table.
 
Yes, I agree, but the children are NOT being underfed, neglected, or schooled but only because I and my older siblings are there to care for them. My older sister (which I noticed I neglected to say in my original post and I apologize for) lives with them and is the one giving them primary care. She makes sure they eat well, helps them with school, etc. She was the one that taught them to read, to ride a bike. Were my sister not living with them, and if I or my other siblings were not within a 15 minute drive of my younger siblings and able to visit them daily, I would have contacted CPS long ago. They are receiving proper care, but not by the persons that should be providing it. And I doubt CPS would get involved with it too much even if we weren't, to be honest. The children live in a moderately nice home, both parents are drug free, neither are alcoholics, and they are stable financially.

I know there are children living in far worse conditions. I've grown up witnessing that with my cousins and some friends who were abused, badly. But what I need to know, is if it is even possible under these conditions to seek custody?
If my parents were willing, is it possible for them to relinquish custody to either myself or one of my older siblings if we sought it?
 
Yes, I agree, but the children are NOT being underfed, neglected, or schooled but only because I and my older siblings are there to care for them. My older sister (which I noticed I neglected to say in my original post and I apologize for) lives with them and is the one giving them primary care. She makes sure they eat well, helps them with school, etc. She was the one that taught them to read, to ride a bike. Were my sister not living with them, and if I or my other siblings were not within a 15 minute drive of my younger siblings and able to visit them daily, I would have contacted CPS long ago. They are receiving proper care, but not by the persons that should be providing it. And I doubt CPS would get involved with it too much even if we weren't, to be honest. The children live in a moderately nice home, both parents are drug free, neither are alcoholics, and they are stable financially.

I know there are children living in far worse conditions. I've grown up witnessing that with my cousins and some friends who were abused, badly. But what I need to know, is if it is even possible under these conditions to seek custody?
If my parents were willing, is it possible for them to relinquish custody to either myself or one of my older siblings if we sought it?


Yes, it is LIKELY in some cases to obtain custody of children, IF the parents simply were to voluntarily relinquish custody to you (or another sibling).

Notice, I said LIKELY, which doesn't mean it can happen in your situation.

WHY?

You said it, your parents aren't reasonable, perhaps they have mental health issues, nor do they appear to be responsible people.

Good luck.
 
I see, thank you for your help in this.
I will discuss this with my siblings and then, perhaps we can convince our parents to relinquish custody. It may take some time, but we can hopefully make them see it is in the children's best interest. From there, we will just have to wait for the courts to decide?
Again, thanks for your help in this matter.
 
Yes, it would be up to the court to decide.
 
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