Charlotte, NC asked in Child Custody and Family Law for North Carolina

Q: My child dont want to see godaunt(non_related) and she 6 and we going through custody court what to do?

She trying to take custody but my child dont want to go with her or see her and my child has told me herself.

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1 Lawyer Answer
Angela McIlveen
Angela McIlveen
  • Divorce Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Provided that you and your child's other parent are not going through a custody case right now then your child's god-aunt would be seeking what is called third-party custody. In order to obtain custody, she will have to show that you and your child's other parent are unfit parents or that you have abdicated your parental rights. It is very difficult for a third party to win a custody lawsuit against a parent. If you and your child's other parent are in an ongoing custody case then it's possible that the god-aunt is seeking visitation and not custody. There is a distinction in third party custody cases. In a visitation case, she only needs to prove that it's in your child's best interest for her to have visitation. In a custody case, she has to first prove she has standing to bring the lawsuit and then if her case isn't dismissed, she has to prove that it's in the best interest of your child that she has custody.

Please talk to an attorney. These cases are complicated and you need good advice to move forward.

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