Getting custody of my granddaughter


#1

As I said before I had physical custody of my granddaughter who is now 8 for 4 years somehow he came in he lied to the court and told Them there was a possibility I was going to take her out that a state which he knew was a lie and got an ex parts order Can I turn that around in court own him and can he be charged for that. My concern now is getting her back home where she belongs he has taken her basically to a stranger’s house his he has not spoke a word to her in overv4 yrs she is exposed to a convicted child molester his brother And he has her alienated away from anybody and everybody that she has known for the past 4 years that can not be healthy For any child I know it’s not for her as she already had issues with abandonment I’m helpless until I can get my motion to intervene heard by the judge which should be October the 16th what can I suggest that day to get
Her back I know i want them to pass a drug test but I prefer hair follicle. (Which he can’t do) This poor child has worked so hard to gain her confidence to play Softball to make friends and actually begin to trust people and do things on her own this is so not fair to her any advice please
One more thing my daughter is wanting to Finally take statutory rape charges out on him as she was only 15 when first started sleeping with her he was 24 or 25 (16 when she got pregnant Though) can she do that


#2

If you think your granddaughter is in danger of abuse or neglect, you can make a report to your county’s child protective services.

If you can prove that the father knowingly lied in court, then you can seek charges for perjury, but this will likely be very difficult to do if the father testified to something that was his belief (in your case, he stated he believed you would remove the child from the state).

In court you will need to show that your granddaughter’s placement with her father is not in her best interests, that placement with you would be in her best interest, and that the father is unfit to have custody.

Your daughter should talk with a law enforcement officer about statutory rape charges.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you. The father left the child 4 years ago and has had no contact what so ever with her till August 31 2018 isn’t tha5 abandonment to her and he only wants her now because dss went after him for child support that child has made a life here with friends, Chruch and softball he just ripped her out of it with no concern of how it would effect her, there should be something here to help her with the abandonment and I’m sure he’s doing drugs to


#4

All of these facts that you list will be considered by the judge and you should present those to the court.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

They continued this case again he’s had her for 49 days will this help him i have photo albums of pictures n scrapbooks of her life that she began here there’s over 1500 pics so far that tell her story her he abandoned her for 4 yrs so she finally began a life here of stability honesty and security is there a chance a judge will let this little girl come back to her life. And what else can i do to help my case for her … he’s had isolated from anyone for the whole 49 days so we are not sure how she really is…


#6

When your case is reached at a future court date, you will want to show and produce evidence that the child’s best interests are met if she is placed with you, that you have a stable home and one that is conducive for a minor child of her age, and that it is not in the best interests of the child to be with her father because he is an unfit parent.

Pictures will help, and any witnesses that can back up your arguments will help as well. If the child has a therapist, the therapist may be able to offer valuable testimony.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

If or when I prove him unfit will the judge remove from his home in the middle of the school year? And if he appears it will I still be able to move her back to my home until the Appeal is heard.


#8

Yes, if a judge were to find that a parent is unfit to have custody of a minor child, the judge will most likely make a physical custody change effective immediately.

Even if the father appeals the trial court decision, that decision will remain in effect until the matter can be heard by the court of appeals and the court of appeals decided to reverse the trial court decision.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

Why is this process take so long I drive 2 hrs but I show up at court every court date the father doesn’t its been continued every time the last two times because he claims he’s outta town which is not true, however he’s not making the judge very happy at all. This has been going on since August 13th 2018. My thing is he is trying to play the daddy role now is that gonna help him. Or when I prove he’s been unfit for the last 4 1/2 years is that what counts


#10

I can’t imagine the sadness my granddaughter is feeling these last few months he has kept her away from everyone including her mother who is suppose to have visitation


#11

On the next court date, object to any continuance requests and let the judge know how many times you have been to court and how far away you have come from each time.

For custody, a judge will consider a parent’s current actions as well as their past actions in regards to the minor child at issue in order to make a custody determination.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#12

This court date my lawyer says its just to hear my intervention and get a visitation set up (my motions have been in since 8-13-18 and still not been heard ) why is that? is there anyway to get the temporary custody heard too how could I approach my lawyer with this she (granddaughter) has been gone since 8-31-18 its crazy why this system works the way it does, its seems more about the money and not the kids best interest. Is there away to.rush this process a little faster


#13

Unfortunately the court process tends to move slowly and there is generally not a way to expedite it. It could be a number of reasons why your motions from August haven’t been heard yet: no service on the other party, lack of available court dates, a lawyer made a motion to continue and the judge allowed it for good cause, etc.

It sounds like in order to have the claim for temporary custody heard, you must first be allowed to intervene in the case (i.e. be allowed to become a party to the case). If that is correct, then you will first need an order from the judge allowing you to intervene, which will then allow you to get visitation established. Then, after that date, you can likely file your claim for temporary custody and/or file your notice of hearing to have that claim heard since you will be properly added as a party to the case.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.