Norfolk, VA asked in Family Law and Child Custody for North Carolina

Q: Can I get my daughter back from her guardian without paying lawyers fees and going to court?

My daughter Trinity, who is 7 years old now has been living with her aunt since she was 2 almost 3 years old. DSS came and got her and sent her to a temporary home until Trinity’s dads sister decided she was willing to go for guardianship in hopes we would get our lives together. Pretty much her aunt is an amazing women for doing that for us, she has 5 kids of her own, on top of a toddler! Years passed quick before I became financially stable. I also moved to VA 3 years ago and this happened in NC were I am from. She has been staying with me every summer since I’ve lived here. I send her back when she has to go back to school. Everything is going great and her guardian asked me when can I make this happen, it’s way over due, just need it to be official. I can’t afford a lawyer right now and why should I need one if there is no battle in this case. If I need a lawyer can it be appointed or can I represent myself? Also can I make it happen over the phone since it’s so far away? I’m lost

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

A: No, you can not do this over the phone like ordering a pizza. You need an attorney for the same reason you need a mechanic when your car breaks down - because you have no idea how to do it yourself. Another consideration is, if you can not afford an attorney, how are you financially stable and able to care for your child? All that aside, this can likely be done by consent but it would likely still need to go through court and you would need an attorney as this is something you are likely simply not competent to successfully do yourself . So your best bet is to shop around for a local family law attorney in the area where your child currently resides and go with the cheapest quote you can get for a consent custody order. Best of luck.

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