Guardianship help


#1

Forgot to also ask if I really need an attorney to handle this for me and Can i just file the papers my self at the courthouse?


#2

Dear hainesrn:

Greetings. You can file a child custody action and ask the court to grant you custody of the child as a third party acting in loco parentis (in the place of a parent). If you cannot locate the biological mother, then you will have to serve her with publication. No, parental rights do not need to be terminated first, and I don’t advise that option since you may be able to get some child support for the child. I would advise that you do this through an attorney. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Hi- I need some advice. My ex husband had an affair and I have been raising my stepson since birth. My ex denied being the childs father in the divorce so custody was never addressed. Have no clue where bio mother is. Child is 14 now. How can I get guardianship of this minor child? Do I need to locate bio mother and get consent? She basically abandoned the child stating she didn’t want him. Do parental rights need to be terminated first? Just don’t know where to start. I need legal guardianship to get medical care for the child and be able to make decisions for him.