How do I get guardianship of my younger brother?

Full question:

I have a brother who is 14 and lives in NC. My parents are living in very poor conditions and my brother wants to live with me in WA. My parents are reluctant to let him leave. How can I get guardianship for him?

Category: Guardianship
Date: 04/07/2025
State: Washington

Answer:

Please see the information and forms at the following links:

http://definitions.uslegal.com/g/guardianship/

http://www.uslegalforms.com/nc/NC-P019-PKG.htm

http://www.uslegalforms.com/nc/NC-E-208.htm

http://www.uslegalforms.com/nc/NC-P007.htm

http://www.uslegalforms.com/nc/NC-P009.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I get rid of guardian?

To remove a guardian in North Carolina, you typically need to file a petition with the court that appointed the guardian. You must demonstrate valid reasons for the removal, such as misconduct or failure to act in the best interest of the ward. The court will review the evidence and may hold a hearing to decide whether to terminate the guardianship. It's advisable to consult with an attorney to navigate this process effectively.

Can a 14 year old decide which parent to live with in NC?

In North Carolina, a child who is 14 years old can express their preference regarding which parent they wish to live with. However, the court ultimately makes the decision based on the child's best interests. The judge will consider various factors, including the child's wishes, the parents' living situations, and the child's overall well-being.

What if a child doesn't want to live with either parent?

If a child does not want to live with either parent in North Carolina, they may express this to the court. The court will then evaluate the child's situation and may consider alternative living arrangements, such as placement with a relative or in foster care. The child's best interests will be the primary concern in any decision made.

What age can a child in NC decide which parent to live with?

In North Carolina, there is no specific age at which a child can unilaterally decide which parent to live with. However, children aged 14 and older can express their preferences, and the court will take their wishes into account when making custody decisions. Ultimately, the judge will determine what arrangement serves the child's best interests.

How old does a sibling have to be to be a legal guardian?

In North Carolina, there is no minimum age requirement for a sibling to be appointed as a legal guardian. However, the court will consider the sibling's maturity and ability to provide a stable environment for the child. Generally, guardianship is more commonly granted to adults, but minors can be appointed in certain circumstances with court approval.