Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Here is my situation. My granddaughter's father just died and…

Customer Question
Here is my situation. My...
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: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
6/10/2015
Family Lawyer: Law Educator, Esq., Lawyer replied 3 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,208
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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.
Ask Your Own Family Law Question
Customer reply replied 3 years ago
Just need to ask though that would mean i can get custody the same day
Customer reply replied 3 years ago
That I would need a law officer with me when I pick up the child
Family Lawyer: Law Educator, Esq., Lawyer replied 3 years 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).
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 125,208
125,208 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In Kentucky, how is a notarized guardianship paper signed by
In Kentucky, how long is a notarized guardianship paper signed by custodial parent valid for when no end date is indicated? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,970 satisfied customers
I have a visitation order for my son and his mother will not
I have a visitation order for my son and his mother will not allow me to see him since her child support has been reduced. How do I resolve this? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I have guardianship of my grandchildren, the mother has been
I have guardianship of my grandchildren, the mother has been absent completely for 1r months, now she is wanting to see them, do I have to let her … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
Sister-in-law file for guardianship of my kids in the state
Sister-in-law file for guardianship of my kids in the state of Nebraska and it was granite to her my kids was Born in Las Vegas Nevada and I had no idea that this happened. My wife and kids went to Ne… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
448 satisfied customers
Can a paternal grand mother sue to get visitation rights
Can a paternal grand mother sue to get visitation rights when her son the father is mentally disabled and blind? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,246 satisfied customers
Looking to obtain guardianship of an unborn child expected
Looking to obtain guardianship of an unborn child expected in July. Child will be born in Florida and I live in Georgia. The mother cannot care for the child and approves. What steps must I take to ma… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,208 satisfied customers
Hiring a guardianship for an adult, does that have to go
Hiring a guardianship for an adult, does that have to go through the courts? … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
448 satisfied customers
Can permanent guardianship granted in Butts Co go to clayton
Can permanent guardianship granted in Butts Co go to clayton county court to have it heard bc natural mother lives in Clayton Co and wants child returned to her car. Child wants to return to mother. G… read more
Robert L
Robert L
Juris Doctor
63 satisfied customers
My daughter signed a temporary voluntary guardianship of her
My daughter signed a temporary voluntary guardianship of her son to my ex wife 4 years ago! She moved to another state and has married and had another child now she wants her son back. She filed a pet… read more
Glenn Zimmerman
Glenn Zimmerman
Juris Doctor
29 satisfied customers
My daughter has gone to court and gotten guardianship papers
My daughter has gone to court and gotten guardianship papers filed on on her nieces child that she left in care with her since August of last year the mother left went on a fling and been involved in … read more
Sue
Sue
Juris Doctorate
523 satisfied customers
Need to establish guardianship for an adult disabled son.
need to establish guardianship for an adult disabled son. Have Powers of Atty but no guardianship, which may be necessary now and I wish to discuss the procedure and the ramifications for him and me… read more
Jessica B
Jessica B
Juris Doctor
1,261 satisfied customers
In thinking of giving my mother in law legal guardianship
Hello, in thinking of giving my mother in law legal guardianship rights so she can take care of medical and school needs, do I have to worry about my parental rights or could the guardian keep me from… read more
Sue
Sue
Juris Doctorate
523 satisfied customers
I have legal guardianship permanent guardianship over my two
I have legal guardianship permanent guardianship over my two granddaughters their dad has not paid any support neither has their mother and now my son is asking me to forgive the debt is that possible… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
174 satisfied customers
The mother of my daughter has refused me visitation time
The mother of my daughter has refused me visitation time until we go to court we were never married. She states I can only see her in her home but the home she is in is hostile and the mother has stat… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
Is it legal for mother to visit Child at Daycare or school
Is it legal for mother to visit Child at Daycare or school during dad”s custodial time? I haven't seen my son for 4 days and I really miss him. I planned to see him briefly and give him a toy. Would i… read more
Jessica B
Jessica B
Juris Doctor
1,261 satisfied customers
My mother and older niece have legal guardianship of my two
My mother and older niece have legal guardianship of my two underage nieces in California. My mother tried to move to Washington State with the girls but had to return to California because of my fath… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
In the State of SD if the grandmother has guardianship of a
in the State of SD if the grandmother has guardianship of a child and the parent has visitation, does the stepparent continue her visitation or does the parent visitation supersede the step parent? … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x