If my friend died and wanted me to be guardian of her minor child, how do I go about getting the minor if their grandmother has temporary custody?

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If my friend died and wanted me to be guardian of her minor child, how do I go about getting the minor if their grandmother has temporary custody?

It has been a fight from the beginning; myfriend had no relationship with her mother and vice versa. Once she got sick her mother wanted to control everything. I was POA – heathcare and financial, and well as the executor of her estate. Her last Will and testament left everything to me, including guardianship of her minor child. Should I consult with a family law attorney? In Rowan County, NC.

Asked on November 10, 2010 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for the loss of your friend and the trouble that has ensued.  Yes, you should hire an attorney as soon as possible.  Her Mother obviously brought a proceeding for temporary guardianship and won.  But the wishes of your friend should be adhered to. Understand that it may be an uphill battle here. Judges tend to favor family members for custody of children.  You may need a good amount of proof that there was no relationship there ever and that this is not what the Mother wanted. Think of witnesses you can call.  And how old is the child?  Can she give her opinion? Does she want to stay with you?  Good luck.


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