QUESTION

How does a parent take guardianship from her mother?

Asked on Dec 20th, 2014 on Child Custody - North Carolina
More details to this question:
All her mother does is yell at her granddaughter and is verbally and mentally abusive. Her mother forced her her to sign the papers.
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1 ANSWER

Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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You provided very little in the way of details in your question. I?ll try to answer the different possible scenarios: 1. If this was a guardianship that was imposed as a result of a Child Protective Services petition in Abuse/Neglect/Dependency Court, then I don?t think you can regain custody until CPS agrees to reunite your family. 2. If you agreed to sign some sort of guardianship agreement with your mother, and it is not an actual court order, then I believe you can revoke/rescind the guardianship any time. 3. If there is a custody order, or your mother was appointed guardian in a custody proceeding of some kind, then you will have to file a motion to modify the custody order and have it heard in Court.
Answered on Dec 22nd, 2014 at 1:08 PM

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