I’ve cared for my sisters’ children basically from birth, they have lived with me without their mother for nearly 4 years now. How do I file for Full custody of them without a lawyer. She is currently in county lock up…again.
You would need to file a custody lawsuit against both of the biological parents, with both of the biological parents named as defendants.
This complaint that is filed is the same as a complaint that one biological parent would use to use the other biological parent for custody.
You can use this Sample Court Complaint as a template for you to draft your own but you will need to edit out the portions that do not apply.
You may also find our article Child Custody for Grandparents and Other Non-Parents to be helpful.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
the children have 2 different fathers, one of which is deceased. in that case would you still have to file again him or just provide proof of death?
For the child whose father is deceased, you would only need to sue the mother for custody assuming no one has legally adopted that minor child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.