A North Carolina resident who wishes to adopt a sibling in the event of the parents’ death should talk to the parents about this wish. The parents may agree to name the person as the child’s guardian in the will. In any other circumstances, a person might face a custody battle to become a sibling’s guardian. If the parents die, other family members might want custody of the child as well. If the parents are alive, the court will be reluctant to take the child away from biological parents.
People will need to prove that they are stable and have enough money before they will be given custody of a sibling. It may also be necessary to prove that the child’s parents or legal guardians are putting the child in danger.
A person who is unable to get custody of a sibling might still be able to apply for visitation rights. If the child has been placed with a foster family, the sibling may have a better chance of getting custody since the court generally prefers that a child stay with family instead of in the foster system.
A person who wishes to get custody of a sibling might want to work with an attorney who could help in putting together a strategy that demonstrates that the child’s guardians are unfit and that the child would be better off with a sibling. For example, a sibling might get police or hospital reports that show evidence of domestic violence. If more than one family member wants custody of the child, a judge may take a number of factors into account when choosing who the child will live with. These factors may include the child’s relationship with the person who wants custody and how much stability the child will have.