Grandparents seek legal guardianship

[dsain]

My husband and I have been raising our grandson, now 12 years old, for 4 years. The mother was not able at the time to raise the child, and was happy for us to help. The father has never been in this child's life and at one point denied that he was the father, which was proven different. At one point my husband and I asked if we could have legal guardianship. Mother and father both did not want to give their rights over.

My husband is reaching retirement age. We are on a limited income and we are trying to figure out how we are going to make it on a social security check. Recently we found out that if we have legal guardianship of this child, then my husband can draw money for this child when he retires.

We spoke again to the mother this week, and she has agreed to sign the papers, but we don't know if we can find the father or if he will sign the papers or not.

We live in the state of North Carolina.

Our questions are:
Can only one parent sign the papers for them to be legal or do we have to have both?
Is it possible to get these papers filed on our own, by finding the proper papers and having them signed and recorded at the court house, or will we have to have the help of an attorney.
Where might I find copies of the proper papers?

I would appreciate all help.

[Mr. Knowitall]

I would hope that your reasons for wanting guardianship run deeper than your hope to increase your Social Security benefit.

If both parents are legal custodians, both would need to give you guardianship. You can achieve a guardianship on your own, but it may be a good idea to consult a lawyer.