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Need help with change of child custody to aunt/uncle from sole custody parent

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intel352

Junior Member
What is the name of your state (only U.S. law)? North Carolina


I have a situation where my niece's sole custodian (her mother) has consented to transfer custody to my wife and I, in the best interest of the child. The father is still living, but custody and rights to the child were removed from him as of the last effective court order (and he's also in prison).

I gather there are several options:
1. File a complaint for custody. While this is a possibility, I understand it's one of the slowest methods available.

2. Have the mother file a motion for change of custody. I've been told this is the fastest/best solution.

3. I have read online that a consent agreement to modify child custody would work in this situation. The catch is, it seems that a consent agreement is typically tailored to both parents, whereas only 1 parent has rights/custody regarding the child.

If someone could point me in the right direction, I'd appreciate it.
The biggest problem I've encountered is that there are no forms (that I can find) for a motion OR consent agreement, for a change of custody, at least for North Carolina (I've found some options for other states).
Also, neither we, nor the mother, have the money available to hire a lawyer to write up the motion or consent.

I've read in several areas that filing paperwork without a lawyer, can be done "in pro se"? So does this avoid the need for certain legal mumbo jumbo in the document that is filed?

Also, is there a way to handle this *quickly*? The child is already living with my wife and I, and we spent an entire week now trying to get her enrolled in our local public school, only to find that the information that was given to us by the local Board of Education was totally incorrect, regarding what was required to get her enrolled (essentially, this would have to be a specific hardship situation, or we must have custody, to enroll the child).

To avoid her missing more days of school, I really need to find a solution fast. Any assistance is *greatly* appreciated.

Just a note, I've found a consent agreement on Rosen Law's website (rosen.com), but it's for child support...

I was hoping to find a form somewhere that someone had already submitted themselves, but it appears nobody else has thought to scan in their legally formed documents online for the assistance of others dealing with custody issues in NC.


Looking forward to any helpful replies.

CheersWhat is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
Please quote the judgment that states that father's PARENTAL rights were terminated. Because if only his visitation rights were terminated then he needs served or he also needs to agree to a transfer of custody.
 

LdiJ

Senior Member
If you want this to happen quickly, I would really recommend getting an attorney.
 

Ronin

Member
Unless fathers rights were terminated, which is not implied simply because the mother has sole custody, then the chances of your being awarded 'custody' in the near future are probably slim to none.

However, beyond your taking the prior recommendation to hire an attorney, being named as temporary legal guardians of the child would not be nearly as difficult (although not a given), and should resolve the school problem. But at this point, since the sole conservator is no longer willing or able to care for the child, and depending upon the fathers situation, the father may choose to step in and assert his rights as a parent.
 
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LdiJ

Senior Member
Unless fathers rights were terminated, which is not implied simply because the mother has sole custody, then the chances of your being awarded 'custody' in the near future are probably slim to none.

However, beyond your taking the prior recommendation to hire an attorney, being named as temporary legal guardians of the child would not be nearly as difficult (although not a given), and should resolve the school problem.
I disagree since dad's in jail. Obviously custody cannot be awarded to dad at this time, and if mom wants the aunt and uncle to have temporary custody, the court would have no reason to deny it.
 

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