How to Get Custody of a Sibling in North Carolina

Guardianship in North Carolina refers to a legal relationship in which a court appoints a person to care for another person who is not legally competent to care for themselves. Courts in North Carolina might order a guardianship for a variety of people. A person does not actually get custody of a sibling in North Carolina. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances..

Courts may grant a guardianship for a minor child whose parents are both unfit to have child custody in North Carolina or who have both passed away. Guardianships are also granted for adults with disabilities, or people who are no longer able to manage their affairs because of illness. A local attorney in North Carolina would be able to provide more information about guardianships.

An adult may be granted guardianship of a minor sibling. The guardian would be responsible for making decisions regarding the care and maintenance of their sibling, who is referred to as a “ward” in legal terminology. They would make decisions regarding their sibling’s healthcare, living arrangements, education, and other important circumstances related to their well-being.

The process of establishing guardianship involves filing a petition with a court, providing evidence of the ward’s incapacity to care for themselves, and demonstrating that appointing a guardian is in their best interests. A minor sibling would be eligible to become the ward of a guardian for the simple reasons that they are not yet an adult.

The actions of a guardian would be subject to scrutiny by a North Carolina Superior Court in order to make sure they do the following:

• Prepare an initial inventory of their ward’s property
• Post a guardianship bond in which a neutral third party guarantees that the guardian will act in conformity with their legal obligations under North Carolina law
• Make decisions that are in the best interests of their ward at all times
• Maintain an accurate accounting of the spending and investment of the ward’s funds
• File an annual report about the management of the ward’s finances with the Court.

In addition to these tasks, a guardian is required to use the ward’s money for the ward’s needs and not for themselves or anyone else. For these reasons, a person who wishes to become a guardian might want to have a legal consultation about the role.

A guardian must get a court’s approval in certain instances regarding financial moves and before taking certain actions, e.g. selling property worth more than $5,000 in one accounting period. If a guardian fails to do this, they may be personally liable for failing to do what is legally required of them.

The guardian does have to allow their ward to have a voice to the extent possible in the decisions that affect them. The guardian is further required to make sure the ward has the opportunity to exercise the rights that are within their competence as would be natural in the parent-child relationship.

The guardian should protect their ward’s right to make their own choices as are appropriate for their age and circumstances. Of course, a guardian does not have to be perfect.

What Is the Process for Obtaining Guardianship of a Sibling?

A person who wishes to obtain a guardianship for their minor sibling must petition the Clerk of the Superior Court of the county where the minor lives. They may use a form that is provided by the Office of the Clerk of the court.

The form requires a preliminary inventory of all of the ward’s assets and liabilities. Therefore, the adult sibling needs to have a general knowledge of the ward’s real estate holdings, bank accounts, and their personal property, an estimated value of these assets, and the estimated amount of the ward’s debts.

Of course, a minor sibling may not have any debt as generally their finances would have been managed by their parents. They may also have very few assets of their own.

The Clerk of the Superior Court will grant letters of guardianship to a person who applies and is qualified to serve, i.e., is an adult who is capable of fulfilling the role. If the person is not a resident of North Carolina, they must agree to submit to the jurisdiction of North Carolina courts and appoint a resident of North Carolina to receive service of process.

How Old Do You Have to Be to Serve as the Guardian of a Minor Sibling in North Carolina?

A guardian has to be at least 18 years old. That is, they have to be an adult. However, given the nature of a guardian’s responsibilities, a court might well want the guardian of a minor sibling to be older, because they must be able to serve according to the child’s best interest standard.

Can a Sibling Be a Legal Guardian?

An adult sibling may be appointed as the legal guardian of a minor sibling. The adult sibling must also be a person who would look out for the best interest of the ward in the opinion of the Clerk of the Court.

What Else Should Be Considered?

As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if a North Carolina court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.

In some situations, a child’s parents themselves may have named an adult sibling in their will to take over the job of rearing their child in the event of the parents’ deaths or incapacity.

In some cases, it is possible that an adult sibling of a minor child would be the person who petitions a family law court to terminate the parents’ rights. A North Carolina family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it is in the child’s best interests. They might also prepare the legal petition to get the adult sibling appointed as guardian.

If there is no adult sibling to serve as guardian and no other person qualified and willing to serve as a guardian, a court may appoint a public guardian. This is a person or entity who has the necessary qualifications and is registered and approved by the county probate court to serve as a guardian.

The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.

Do I Need an Attorney for Sibling Custody Issues?

If you want to become the guardian of your minor sibling, you want to consult a North Carolina child custody lawyer. LegalMatch.com can quickly and easily put you in touch with a lawyer who understands the court procedures that would be required and can help you make your best case.

Your lawyer would also be able to represent you if it is necessary to terminate parental rights before seeking a guardianship. Your lawyer would then be able to prepare the petition to set up the guardianship of your minor sibling.