Guardianship of Minor Sister from Florida to North Carolina

**NicoleF** · 08-05-2009, 12:28 PM

My question involves guardianship in the States of: Florida & North Carolina.

My 17 year old sister has moved in with me and my husband in NC. She moved from Florida after our father was in an auto accident. He cannot work because of his injuries and was evicted from their home. He is currently living with another sister who is unable to accomodate our minor sister. Our father agreed to my sister moving in with us, although I don't know if he will allow us to take guardianship. In addition, he has years of unpaid taxes (which I am not getting involved with) so he might not be willing to enter into any legal proceedings at all. Our mother passed away several years ago.

Can you give me information regarding establishing guardianship, both with and without my father's consent?

Thank you for your assistance.

**Mr. Knowitall** · 08-07-2009, 07:49 AM

As is explained here,

Quoting How can I become a guardian of my grandchildren, who are living with me, so I can enroll them in school or make medical decisions for them?

A guardian for a minor cannot be appointed for situations such as yours. In North Carolina a guardian of the person (or general guardian) of a minor may not be appointed unless both natural parents are deceased or their parental rights have been terminated.

In situations where minor children are living with others, at the request of the parent(s), then a custody agreement may be needed. An attorney will need to be contacted to assist the parents and person caring for the children to prepare such an agreement.