Custody with grandparents

North Carolina Divorce Law Divorce and Separation Answers
1

Dear dels30:

Greetings. Yes, you should be able to go to the judge with a Motion to Show Cause and a Motion for Return of the Minor Child and get the minor child back if that is what the court ordered. Have them ordered to come to court and ordered to bring the child with them. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

When i was young i gave them custody then in 2003 they gave me joint custody with them having the upper hand and my having physical and living in my home .well then in 2006 we went to court and the judge threw out there joint order and then also said something about the order that was before was no good unless they bring it in court .,talking about the grandparents taking into court .so i asked the judge if i had my daughter can they come in and get her the judge told me not unless they file that arringnal custody order …so i need to know if i can get her back from grandparents cause when i went to pick her up her grandmother called the law and showed them the old papers that was thrown out and also the social worker told him i have custody but he said he has has to go by what he sees and that i need to go get a copy of them papers and then call them after i get them …but i need to know if there is no custody can i file emergency custody in the morn and get her back

Tammy M Del Santo