Legal Question in Family Law in North Carolina
We have legal custody of our granddaughter. My daughter (the Mother) is working out her issues and we feel like she will be able to take her child back soon. We live in NC and would like to now how we go about transferring custody to her and can it be done without expensive legal fees and court costs...?
1 Answer from Attorneys
It depends on how you got custody. If there is a court order, then you need to go back to court to get the court order modified. If this is by private agreement, then you can transfer custody back by private agreement as well.
If there is a court order, then the mother would have to file a motion for change of custody and would have to prove to the court that the circumstances which led to her loss of custody have been rectified. It should not be all that expensive if you consent to this.
My advice would be to contact your local bar association or the family lawyers Some lawyers will provide services on a reduced fee basis or your court may have forms for custody which can be filed by the mother pro se (without a lawyer). If your county does not have the forms, then borrow from one which does. For example, there is a self-serve center in Mecklenburg County, although a Charlotte area address is needed to access the forms. However, I don't know if there is anything for this type of situation.