Transfer of partial custody?

[WeNeedAdvice]

Jurisdiction

North Carolina

My niece is going through a nasty separation/divorce with her child's father. He has been abusive (physically, mentally, and emotionally) and has a not so great past. She finally left him a few weeks ago in which the law was involved due to domestic problems and found his drugs. Both she and he were cited with a misdemeanor for marijuana possession since each one claimed it was the other's drugs. He is extremely manipulative and vindictive, even to go as far as having her involuntarily committed the night she left him (within a couple of hours we were on our way with her since it was clearly a way for him to try to get back at her). Her mother and sister both side with him, which is another issue altogether as both walked out on her numerous times in the past. My wife and I have taken her in several times in the past when she has needed us, including helping to raise her. She looks at us as if we are her parents. Anyway, I could go on and on here but that is not the issue I am asking about.



She has some health issues; to protect her son from being subjected to the same things as she was (and still is) would like to transfer her part of custody of her son to my wife and I if anything should happen to her; such as going to jail, being committed, or God forbid something happening to her from her health issues. I do not like talking or even thinking about these things but we have to consider what is in best interest of her son. Is this legal and possible for her to do this? What do you suggest?

 

[army judge]

If anything were to happen to your niece, you would be then, exactly what you are today to her child, a great-aunt & a great-uncle.

Parents have no legal ability to transfer parental rights to their children, as one might do with her chattels.

Children are not property, no one can own, possess, or claim title to any other human being, including issue of a marriage, or children born without benefit of marriage.

Parental rights to children can't be inherited, bartered, traded, or gifted to others, even the grandparents.

I suggest you and your niece consult with a couple attorneys in your county for a deeper legal analysis.

If your niece was never married to the male that allegedly fathered the child, guess what, unless he's gone to court, had DNA testing done to establish paternity, he has no rights to the child, either.