Legal Question in Family Law in North Carolina
If the custodial parent is facing mandatory incarceration and he has primary and I still have my parental rights as well as unsupervised visitation does custody automatically revert to me or can he designate his mother and stepfather wich live out of state the legal guardians of our kids
1 Answer from Attorneys
He can not designate a legal guardian(s) on his own. He would have to petition the Court to do that and there would be a hearing which you should get notice of. Presumably you already have a form of custody so based on the description you have presented, unless there a good reason for you not to assume primary custody the children should be awarded to you. You may want to consult with a local family law attorney just to make sure things go smoothly. Best of luck to you!
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Asked 6/30/15, 6:16 am in United States North Carolina Family Law, Divorce, Child Custody and Adoption
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