Appointing A Guardian For Nephews

Summary

In north carolina, a guardian can be appointed without surrendering custody rights. The guardian can make important decisions and apply for state assistance for the childs benefit. Having a clean record and being related to law enforcement can be beneficial in a guardianship case. Child support payments made through the state can be traced through nc child support services.

Full Conversation

ok well my mother has sole custody of my nephews. she no longer can provide for them financialy so i have another family member wanting to help but is saying that my mother has to sign over all legal rights so that they can get them enrolled in school and also recive assistance from the state of north carolina. but i said no she doesnt she can appoint a gaurdian and then the gaurdian can petiton for assistance
What is the age of your nephews and does the family member willing to help live in North Carolina as well?
he is * and yes just on county over
What is the relationship of the family member to your nephew? In North Carolina, a relative can be appointed as a guardian.
u
It's their aunt.
close family member but she is sayin my mom has to completly surrender her sole custody rights in order for the gaurdian to make immportant dicisions regaurding my nephew
Does the aunt have any legal issues or criminal records that might affect her guardianship application?

In North Carolina:
- A guardian can make decisions without surrendering parental rights.
- Court's contact: Wake County Courthouse, * Fayetteville St, Raleigh, NC *, +* *-*-*.
no and she also is married to a corrections officer
In North Carolina:
- Having a clean record and being related to law enforcement can be beneficial in a guardianship case.
- Court's contact: Wake County Courthouse, * Fayetteville St, Raleigh, NC *, +* *-*-*.
so my mom can keep custody and appoint a gaurdian but thee gaurdian can get help from the state with out having full custody
Yes, your mom can retain custody and appoint a guardian. The guardian can apply for state assistance for the child's benefit.
so if my mom is already getting assistance and she sign or apoint a gaurdian she will lose the benifits she is getting and the gaurdian will obtain the benifits asstance while my nephew is in her care
Does your mother receive assistance specifically for your nephew's care or for her own needs? In North Carolina, the guardian can apply for assistance for the child's benefit.
yes
In North Carolina:
- If the assistance is specifically for the child, it may be transferred to the guardian.
- Court's contact: Wake County Courthouse, * Fayetteville St, Raleigh, NC *, +* *-*-*.
so my mother was aproched and family member said I will care for him untill he graduates but yuu have to sign him completly over to me sop that i can make decions regaurding schooling and to be able to ask state for help mom says, i will not give yuu my sole custody but will sign a gaurdianship form that will give yuu what yuu need as far as being able to ask state for help and make decisions regaurding medical and schooling. is she correct
Yes, your mother is correct. In North Carolina, a guardian can make decisions and apply for state assistance without the parent surrendering custody.
now the parents of the child were asked to pay child support but my mother says she isnt reciving it but that the parents are paying could my mom be telling the truth
Who is receiving the child support payments according to the court order?
my mom is supposed to be reciving the child support nut has stated that she isnt reciving it family says well we know that yuu are getting the money and are trying to get her in trouble
What is the method of payment for the child support? Is it directly transferred to your mom's account or through the state's child support agency?
through the state
In North Carolina:
- Child support payments made through the state should be traceable.
- Contact: NC Child Support Services, +* *-*-*.
so if my mom wanted to proove she wasnt getting the support check she shoulkd call that number. what would be the reasons she wouldnt be getting it. is it or could it be held up somewhere
Could there be any outstanding debts or obligations that could be causing the state to withhold the child support payments? In North Carolina, child support can be withheld for certain debts.
like debt like from a cable company or something like that
In North Carolina, child support can be withheld for government debts like taxes or student loans, not typically for private debts like cable bills.
so if family member is gaurdian child support would transfer to her
In North Carolina:
- If a guardian is appointed, child support could potentially be redirected to them.
- Contact: NC Child Support Services, +* *-*-*.
is this information leagly lagit
Yes, the information provided is based on general legal principles and public information about North Carolina's laws. However, for specific legal advice, consult a local attorney.