Legal Question in Family Law in North Carolina

Legal Guardianship

I need to know what the process is to obtain Legal guardianship over an infant child when the birthmother is completely willing to sign over parental rights? Birthmother lives in North Carolina and I will be residing with the infant in Nevada. DO I need to satisfy the laws of both states?


Asked on 4/09/04, 6:03 pm

2 Answers from Attorneys

Anita Webster Webster & Associates

Re: Legal Guardianship

The issue of a guardianship depends on the location of the proposed ward and

the proposed guardian. If the ward (the minor child) will be physically

residing in Nevada and the guardian is in Nevada then the action should be

initiated in Nevada. The guardianship case may be subject to attack by the

bioloigcal father of the child and may also encounter problems if there is

an existing case or previous case regarding the child.

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Answered on 4/12/04, 4:27 pm
James Smith James E. Smith Ltd.

Re: Legal Guardianship

North Carolina has jurisiction so you need to go to that Court to get guardianship and permission to move with the infant to Nevada. Once you are in Nevada for more than 6 months than you can Petition for guardianship in Nevada.

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Answered on 4/09/04, 6:35 pm


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