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

Q: What needs to be done to get custody and what is the cost?

My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.

1 Lawyer Answer
Angela L. Haas
Angela L. Haas
Answered
  • Divorce Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency, if the situation applies, or because neither parent lives in MD anymore, and the child last lived there for at least 6 months. If not, she'll have to get a court order from Maryland, giving her the authority to move and live in NC, and awarding custody to whoever (your granddaughter) that is caring for her here. It's more complicated than you might think. It would be best to meet with an attorney who can help you through the process. Note: Despite what well-intentioned people may tell you ... in NC, you cannot get guardianship of the child unless both parents are deceased or otherwise incapacitated.

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