Legal Question in Family Law in North Carolina

custody of grandchild

how legal is a paper stating custody giving a child to the grandmother the paper was notorized by mother


Asked on 12/21/08, 9:46 pm

2 Answers from Attorneys

Judy Tseng Wake Law Office

Re: custody of grandchild

That is not legal or official in terms of awarding custody. You still need to get a judge to order it. You should contact a family law attorney in your county to get everything done legally.

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Answered on 12/22/08, 10:45 pm
Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: custody of grandchild

Also, it is difficult for a grandparent to get custody in North Carolina. This is because a judge must find that both the parents (mother and father) are either:

(1) unfit or

(2) acted inconsistent with their constitutionally protected status as the natural parent.

The "signing away of custody" has been found in one case to be inconsistent with a parent's constitutionally protected status as the natural custodian. So mom's act could really help dad....

I agree you need representation on this issue. These are complex issues within family law.

Good luck!

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Answered on 1/31/09, 6:41 pm


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