Legal Question in Family Law in North Carolina

My wife and have been separated for 6yrs and we have a 7yr old daughter she claims to have willed her mother my daughter along with her other 2 children that are from previous relationship. i was never abusive, no drugs and have always been in my daughters life and supported her. custody has never been established because we were just about to go through divorce proceedings where we had agreed with joint custody. now the doctors have given her less then 2 weeks to live. our divorce will not be filed by then. should i still file for divorce? what rights do i have with my daughter. she wants to live with me don't i automatically have custody once her mother is deceased? what rights does her grandmother have versus me?


Asked on 9/08/11, 9:29 pm

1 Answer from Attorneys
Bob Bollinger Bollinger Law Firm PC

This is too complicated to answer here. No one can "will a child" to someone. The court has the authority to decide who gets custody. Sounds like you need to hire a lawyer and file a custody action asap. Why do you still want to get divorced? Does not seem to be any need for that now, but check with your own lawyer. Good luck.

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Answered on 9/14/11, 10:03 am


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