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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111480
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Here is my situation. My granddaughter's father just died and

Customer Question

Here is my situation. My granddaughter's father just died and my daughter was not married to him. She is in jail right now and my granddaughter is staying with her father's family. I have a paper from her signed and notarized if something happens to her I have custody. How do I go about getting my granddaughter from her legally. I live in North Carolina.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NC law, you would need an attorney to proceed to court to file a petition for guardianship in order to seek guardianship of the child. The NC law requires that an attorney be involved in all guardianship petitions and if you cannot afford one, you can go to the local legal aid office or call the NC Bar and ask for the pro bono attorneys in your area.
They will have to file a petition for guardianship together with the affidavit from the mother and they will have to serve the father's parents with a copy of the petition. If the parents object they will have to come to court to try to fight for some rights, such as visitation and it is up to the court to decide which party's custody would be in the best interest of the child.
Customer: replied 1 year ago.
Just need to ask though that would mean i can get custody the same day
Customer: replied 1 year ago.
That I would need a law officer with me when I pick up the child
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you go to court, the court will order when the children will be surrendered to you (generally it is the same day and done in court if they are there and if not they will order a law enforcement officer to go with you to get the children if you think there will be problems).

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