Legal Question in Family Law in North Carolina

If the parent of a 16 has custody and dies, then does the other parent regain cu

If the parent, who had custody of a 16 year old died and the child wanted to stay with the step-parent, can the other parent walk in and take her away? Or can she legally stay in her home with her step-mom where she is very happy. Can the mother, with whom she doesn't get along with, walk in, pack her clothes and make her move out of her home. This child will be a junior in high school this year, she doesn't want to change schools, leave her friends and step-mom (with whom she has a close special relationship with) and her baby brother. What can she do? Can she legally go back to her home and live happly, or does she have to stay in a home where she doesn't get along with her mother? This child has just lost her Daddy, baby brother, step-mom, and all of her friends, she needs help bad. Please can anyone shead a little ray of hope for this child by saying that she can legally return to her home, family and freinds without her mother stopping her.

Thank you,


Asked on 6/24/03, 11:15 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: If the parent of a 16 has custody and dies, then does the other parent regai

The living parent does not automatically regain custody. If she seeks custody, the step-parent can contest this. At 16, a judge will consider her desire to live where she wants to. The 16 y.o can also seek emancipation and live where she wants. I would seek out an attorney in you8r area if the mom seeks to regain custody.

Good luck

Read more
Answered on 6/25/03, 12:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Carolina