Physical Custody of sibling who is permanently placed with our father but has lived with me for 2 years

My sister has been living with me for 2 years. I take her to all of her doctor appointments, all school events and recreational activities as well. Neither parent participates or shows up to show support for their daughter. I’m trying to find us better housing in which i cannot put her on my lease due to mother and father having joint custody. How would I go about getting custody for my sister so that we can continue moving forward.

You would need to file a custody lawsuit against the mother and father.

If the mother and father already have a custody order, then you could file a motion to modify child custody and a motion to intervene as a party to the action.


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.

Is it best to have a lawyer being that she has been with me for 2 years already?

It’s up to you whether you’d like to hire a lawyer to represent you, but these can be tricky issues and there are no pre-printed forms for this, so you would have to draft your motion and complaint on your own while making sure to allege everything that needs to be alleged.


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.