Legal Question in Family Law in North Carolina
daughter
my daughter's mother gave me a notarized letter giving me custody, is the legitimate
Asked on 2/04/09, 3:39 pm
1 Answer from Attorneys
Mark Williams
Rice Law, PLLC - Web Based & Downtown Office
Re: daughter
Probably not. However, you can use it as evidence to obtain a court order. If she was willing to give you the letter, perhaps she would be willing to sign a Consent Order.
There was a case at the Court of Appeals within the past few years that dealt with this and ruled that such a letter was not valid. I don't have the case cite immediately available.
My advice is to get a Consent Order on Custody while she is in an agreeable mindset.
If you need help with the pleadings, let us know.
Answered on 2/04/09, 5:49 pm