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

Q: If my father is in jail and is the only surviving parent, can he give custody to my grandparents?

In my situation, I am living with my younger sister and brother with a woman that is emotionally abusive to only me and my sister. In order to get out of this, I spoke to my dad, asking him if he could give permanent custody of us to my grandparents who live in TN. My questions are: since he has full custody, would he be able to do that? If so, what would the process be? How long would it take? Please, I desperately need an answer.

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1 Lawyer Answer
Adam Bull
Adam Bull
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: this can be done. the grandparents would actually need to file a motion to intervene and for custody. If dad is willing to sign a consent order this can happen quickly. The person you are with now has no legal custody.

Where is your mother and have her rights been terminated??

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