Legal Question in Family Law in North Carolina

My cousin's daughter is wanting to move down here to NC with me. I am 18 years old and I wanted to know if there is any way I can get custody of her and move her down here with me. She lives in West Virginia and I live in North Carolina. I have a stable living space and can easily take care of her but I need to know these laws so I can make sure I am doing this right.

Asked on 9/12/13, 1:45 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

I assume the daughter wants to come but the cousin has not agreed. To get custody under that circumstance, you would have to go to West Virginia and petition the court that the parent(s) is/are unfit and that you need to have custody. Not a cheap or easy standard to meet.

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Answered on 9/12/13, 6:15 pm

Mueni Muli Wanjohi & Muli Law Firm PLLC

Mr. Love is right.

If your cousin is agreeable, you can petition the court and enter into a consent judgment. If the cousin is not agreeable, which is very likely, you need to consult a competent attorney in West Virginia as the law of the state of Virginia apply as the home state of the minor child. Good luck! Your cousin has a constitutionally protected right to riase her child and you will have to show the court court that she has ceded that right.

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Answered on 9/13/13, 5:04 pm

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