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How to file custody papers w/o a lawyer....

 
 
Reply Fri 6 Aug, 2004 04:22 pm
I was wondering how to file custody papers on my own? Right now my younger sister is living with me and my husband both her parents are deceased. And her grandmother has custody of her but is very ill right now and wants my sister to live with me and she wants me to have custody so this is not a battle of any kind we just don't have the money to pay for a lawyer. also I live in North Carolina and the grandmother who has custody lives in South Carolina. Any advice would really help.

Thank you,
Christina
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Type: Discussion • Score: 1 • Views: 1,806 • Replies: 4
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boomerang
 
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Reply Fri 6 Aug, 2004 05:33 pm
If you don't have the money, I'd call legal aid to see if they will help.

I just went through a major third party custody thing, which also wasn't disputed, but I thank my lucky stars that I had the attorney that I did.

It is very complicated when dealing with the court. Way, unbelievably more complicated than I ever expected. The paperwork has to be in a specific format, you have to be sure to petition under the correct laws and blah blah blah. Admitedly, my case was complicated but I am so relieved that I didn't try to do it myself.

However, your sister, depending on her age, might be able to file to become an "emancipated minor", which I think, is pretty much filling out a form and talking to a judge. Then, she would decide where she lives.

Good luck!
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squinney
 
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Reply Fri 6 Aug, 2004 05:39 pm
Hi, lilpebbles. Boomerang makes a good point re checking with legal aide. You might also go to your local county courthouse and ask what papers you need to file. They are very helpful, in my experience. If both parents are deceased and grandmother is ill but willing to give you physical custody without a legal battle, you might also call on the state guardian ad litem office. If you are in Raleigh, PM me and I will be happy to help you through the process.
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boomerang
 
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Reply Fri 6 Aug, 2004 05:48 pm
Hiya squinney!

Another idea: you could have the grandmother assign you "Power Of Attorney". You can type up this document yourself - there are samples all over the internet - have her grandmother sign and notorize it and your set!
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lilpebbles
 
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Reply Fri 6 Aug, 2004 08:46 pm
Hi Im not in Raleigh Im in Goldsboro...but if you could still help it would be appritated!! Also I did write up a power of atttorney but the thing is that my husband is in the Air Force and for us to make her our dependent in the militarys eyes we have to have custody.
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