Q: My mother is in jail, shes willing to sign over her parental rights to me for my 16 year old sister how do I get custody
Little sister lives in north Carolina with her real dad it is a bad situation from what shes told me. He does not have custody of her my mom does. so how do I fight him and win.
A: There are some details that are necessary to answer your question that are missing from your question. However, your mother who has the court order granting her custody would have to pursue an action to have the child returned to Utah. I would recommend speaking to an attorney about all of the details of what is necessary to bring her back. The attorney will need to ask some questions about what kind of an order the court is already issued and how long has your sister been living in North Carolina as well as other questions
A: If she's willing to sign over custody to you, it is a matter of drafting up the documents for a modification of custody and submitting them to the court and having the court sign them. You will want the documents to be very clear and there are some details that are required in them. I would recommend having an attorney draft them for you. You will want to consult with the attorney to make sure that you and your lawyer each understand what information needs to be in the documents.
A: Because your mother is in jail, perhaps a guardianship would be a better route which would enable you to take care of your sister instead of your mother. There are several steps in a guardianship that you would want to take in order to make sure it's done correctly. I recommend speaking to an attorney about the process.
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