Hendersonville, NC asked in Child Custody for North Carolina

Q: I will give this my best shot. My girlfriend and Her soon to be ex signed over sole physical custody to her mother

and father. This was three years ago and the child is 7 now . They were aware when they signed that or as they have been told that this could not be "undone"/ that's really not what our concern is but more so.... if death accured before 18 how can my girlfriends father leave sole custody back to his daughter? In the form of a legal Doc. or last will and Testement?

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Custody can not be transferred by will - people are not property you simply 'leave' to someone else. Further, custody is always an open issue - the idea that it can not be 'undone' is incorrect. So yes, there are numerous ways custody could change either by consent or by court order just not by a will.

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