Plumides, Romano, and Johnson, PC

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Obtaining custody of a sibling

June 26, 2018

If both biological parents of a North Carolina child die, or if they are not fit to care for the child for some reason, an older sibling might want to get custody. In order to do this, the sibling must be at least 18 and legally emancipated.

If the parents are deceased and the sibling has been named in their wills as the child’s legal guardian, the process may be less difficult. In some cases, biological parents might also agree to relinquish custody. However, if neither of these is the case, the situation becomes more complicated. A judge will be reluctant to remove a child from the biological parents. The sibling will need to provide proof that child is in danger of harm.

Even if this occurs, the sibling must demonstrate the ability to support the child and provide a stable environment. If the child has already been removed from the home and placed in the foster system, the sibling might have a better chance of getting custody. Usually, the preference is for the child to be placed with a relative instead of with strangers. A sibling who is unable to get custody may apply for visitation rights.

Child custody can be a difficult issue. Emotions are high, and the parties fighting for custody may all believe they are acting in the best interests of the child. This is the standard a judge uses in order to make a custody decision. Factors a judge may consider when deciding who will get primary custody of a child may include the strength of the child’s relationship with the person seeking custody, how much disruption the child will undergo in moving to a new environment, and how well the child will be able to maintain relationships with other family members.

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What our clients are saying

Mr. Romano is an amazing family law attorney.  He has been my attorney for over 5 years and I have never been disappointed.  His experience and expertise in Family law, in my opinion, supersedes all others in the field.  Mr. Romano and his team are very knowledgeable, thorough, professional, and personable. I highly recommend Mr. Romano and his team without reservations. If you're in need of a Family law attorney, Mr. Romano is your guy!
-Ivette C
You never know all the questions you should ask so it was a blessing that they listened and provided plenty of recommendations as well as assisted with claim, deeds etc. They know what to expect and provided a service without being pushy and will go at a pace you want and explain the laws so that you can understand all the legal speak.
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To schedule a consultation, please call our office in Charlotte at 704-333-9900, or contact us online. Plumides, Romano & Johnson

2115 Rexford Road, Suite 320 Charlotte NC 28211
704-333-9900
704-358-0536

 

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