Legal Question in Family Law in North Carolina

Guardianship of a minor.

My best friends mother and father are divorced. Both the mother and father signed legal guardianship over to my mother, when she moved to another state. The mother has a past of being abusive towards her exboyfriend, towards her child and towards my mother and I. My friends mother is bipolar, and has been admitted to a mental hospital when she attacked her boyfriend with a candlestick. My best friends mother now wants for her child to come back, but has lied about the tickets and living conditions of the household. My best friend is terrified of her mother and would like to know if this ''case'' goes to court would we have a chance at winning or would she have to move in with her mother?

Asked on 7/14/03, 7:27 pm

2 Answers from Attorneys

Jim Griffin The Law Office of James L. Griffin
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Re: Guardianship of a minor.

The answer to your question, based on the facts sent is-maybe. How old is your friend? How long has she lived with you and your mother? Parents visit often? Write? Phone? Mother's mental condition? Where is dad? What tickets? It is possible that a judge could allow the living arrangements to continue as they are.

If you would like to discuss this further, you can e-mail me directly at: jim-dot@ix.netcom.com

Good luck either way.

Jim Griffin

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7/14/03, 10:51 pm
Bruce Matez Gerstein Grayson, LLP
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Re: Guardianship of a minor.

You ask a question that is very complicated and does not have a simple answer. If the Guardianship/Custody issue is before the Court in New Jersey it very much depends upon the facts and circumstances. The child's age and preference may also be a factor the Court will consider. I strongly urge your friend to consult with an attorney in more detail than can be provided in this forum. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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7/15/03, 1:19 pm

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