Non Parent Custody

My wife’s sister has 4 children. She and her husband are unfit parents as we see it. Legally homeless for the last 9-10 months, the argue constantly - in front of the children - and the mother (I dont know about the father) drinks regularly. The children dont feel safe. The older two at least, the younger two are only three. These children are at critical ages of needing particular amounts of care, or being exceptionally impressionable.

My wife and I would like to take custody of the oldest 2, as we can only accommodate 2 children. The youngest would hopefully go to their grandmother.

Please help.

Yes, you and your wife can be granted custody of the children if you can prove that the actions of both parents significantly affect the welfare of the children. Homeless or with no stable housing, alcohol or drug habit/dependency, etc. would typically significantly affect the welfare of the children.

You can also make a CPS report on the parents and if the social workers determine that the children need to be taken from the parents, it is possible that the children could be placed with you and your wife in a kinship placement rather than foster care.

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

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