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To become a legal guardian in North Carolina, you need to file a petition for guardianship with the clerk of court in the county where the child resides. The mother can voluntarily consent to the guardianship and sign a consent form. A hearing will then be set, where the court will review the case and determine if it is in the child's best interest for you to be appointed as the legal guardian.
A mother cannot give her child away. She can consent to a guardianship (or an adoption) whereby some other responsible adult would petition the probate court to be appointed the child's legal guardian. The child's father must also consent. If he doesn't consent or is not available, the court would conduct a hearing and could allow the guardianship depending on the circumstances.
yes
Yes - but only if the father is the legal guardian of the child (and the mother is not, for whatever reason). He can forfeit his parental rights to the grandparents. However, if the mother is not in prison and is the other legal guardian, she would have to give up custody as well. Good luck to you.
that is illegal, and dishonest. the person who has guardianship for the child is who the child should be residing with.
No. The parties must follow through with a legal guardianship or adoption if the friend wants to have legal custody. There would be problems with registering the child for school or getting medical treatment if there is no legal custody.No. The parties must follow through with a legal guardianship or adoption if the friend wants to have legal custody. There would be problems with registering the child for school or getting medical treatment if there is no legal custody.No. The parties must follow through with a legal guardianship or adoption if the friend wants to have legal custody. There would be problems with registering the child for school or getting medical treatment if there is no legal custody.No. The parties must follow through with a legal guardianship or adoption if the friend wants to have legal custody. There would be problems with registering the child for school or getting medical treatment if there is no legal custody.
A parent cannot give their child to anyone without involving the court so that the guardian will be a legal guardian. The court may allow the guardianship of a child by an adult half-sibling if it is a good placement and in the best interest of the child. You should speak with an advocate at the court or an attorney, if possible.A parent cannot give their child to anyone without involving the court so that the guardian will be a legal guardian. The court may allow the guardianship of a child by an adult half-sibling if it is a good placement and in the best interest of the child. You should speak with an advocate at the court or an attorney, if possible.A parent cannot give their child to anyone without involving the court so that the guardian will be a legal guardian. The court may allow the guardianship of a child by an adult half-sibling if it is a good placement and in the best interest of the child. You should speak with an advocate at the court or an attorney, if possible.A parent cannot give their child to anyone without involving the court so that the guardian will be a legal guardian. The court may allow the guardianship of a child by an adult half-sibling if it is a good placement and in the best interest of the child. You should speak with an advocate at the court or an attorney, if possible.
None, as it would not be legal unless approved by the court. She can grant you guardianship with a notarized letter, but this would not stop child support. For an appropriate transfer of custody, use a mediate and register the agreement with the court.
In the real world yes, in law no.
That depends on the purpose of the forms. If you have any doubts, before completing the form you should ask if it is appropriate for you to sign the form because you are a step-parent or explain your parental relationship to the person who is asking you to sign the form. Even if you have already signed the forms, if you have provided accurate information and not misrepresented your parental relationship, you should have nothing to be concerned about. However, if you claim to be something that you are not, such as the child's birth parent, when you are not, or claim an authority that you do not have, such as legal guardianship when you are not the child's legal guardian, then you may have a problem. The meaning of Mother, Father, Parent or Guardian can even change from form to form, depending on the situation and what is legally required in law. Usually, Mother, Father or Parent will mean the people who have the day to day care for the child, as these people will normally be the ones responsible for paying any bills and looking after the child after any medical procedure, so should be able to decide what is in the child's best interests and can give informed consent if the child cannot do so. However, in some circumstances a Legal Guardian is required to consent to treatment. Usually this will be a parent, though only the birth mother automatically is a child's Guardian in all cases. A father becomes a child's guardian because he is acknowledged by the child's mither as the father. If a child is adopted, guardianship is transferred to the adopted parents and the birth parents lose guardianship. In other situations guardianship depends on the local law, custom, and decisions of the Courts. Guardianship usually ends when a child becomes an adult. If you have any doubts about your legal situation you should consult a lawyer.
Probably not, but it could possibly give someone who wished to challenge your guardianship grounds for doing so.
have her file temp guardianship over to you. If she changes her mind years down the road, you can fight to keep the child due to "best interest of child".