Legal Question in Family Law in North Carolina
Intervene
My brother and his wife are going
through divorce and have three
young children ages of 7, 5 and
almost 3. My nieces and nephew
spend 5 days with their mon and 2
days with their dad as postseparation
agreeement. Their mother has
emotional issues/depression and the
kids dread going back to her. She
verbally abuses the kids and
constantly yells and screams at
them. Due to the downturn in the
economy my brothers income has
significantly reduced. their mother
does not work and refuses to work.
The kids need therapy and a
supportive and stable home
otherwise they will be scarred for life.
Is there anyway that I can intervene
and get the custody of the children at
the time of divorce or earlier. My
state of residence is different form
theirs.
2 Answers from Attorneys
Re: Intervene
This is not intervention as much as it is pursuit of guardianship, indeed a complicated situation unless there are extraordinary facts, especially if you are from a different state.
Re: Intervene
If either parent is fit -- not perfect, but fit -- his or her Constitutional right to raise the children outweighs any claim you may have that they would be better off with their aunt.
In plain words, to intervene, you must file a guardianship petition in the home state of the child (if Massachusetts), or whatever type of petition might be used in another state. You must then prove by CLEAR AND CONVINCING evidence (more than a preponderance, less than "beyond a reasonable doubt") that NEITHER parent is fit. This is a high standard, and will be an expensive litigation. The odds are very good that you will not succeed without more than you have expressed in your brief question.
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