Getting custody of my granddaughter

Do you not answer questions after a certain amount

Check with your county’s Department of Social Services to see if they offer parenting classes or can recommend them. Many therapist also conduct co-parenting therapy and may offer parenting classes.

You can enroll your granddaughter in therapy when you have her if you have legal custody and decision-making abilities - refer to your custody/visitation order.

It’s also possible to make a motion to the court for a custody evaluation for a psychologist to evaluate both caregivers, the child, and the situation and make a determination about custody for the judge to consider.


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.

We have found out that there is an active open CPS case against her dad (that we did not call in) whom has her temporarily and some bruises were found on the 3 yr little half brother, will this help our case or could prolong it, she is not in a safe environment but our court date is may 28th so trying to keep it together

I have successfully intervened in the custody case, and I have visitation has of right now, but my question is how would a person that has intervened in a custody case get told that you are now out if the custody case I thought once I was an approved 3rd party that I was in for the long haul

Can someone plz help me with this question about the intervention of this case

If you have a court order allowing you to intervene, then you will remain an interested party in the case. The CPS report and investigation will likely be helpful to you if it shows that the father is unsafe to be around the child.


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.

Ok in my case before I could file paper work to intervene they had a custody hearing between the 2 parents that didn’t even have the child at that time or any time in the time line of 4/29/14-8/31/18. I went had her and had raised her for that period if time, which gives him temporary primary custody and her visitation, she (the mother) went without a lawyer but told them she wanted to hire one, his (the father) lawyer took her in the back and started threatening her with her probation told her, she was gonna take her parental rights and junk like that. So of course she got scared and signed it… The judge is saying that’s the last order put in, where does that leave me as far as proving he’s been unfit those 4 years and now since she has Asthma and he has done nothing to get her treated, he has been giving her treatments with a machine and meds that are at least 5 yrs old, she has a very bad tooth that hurts all the time, she’s says she scared to tell him, I was informed that has her parent he has that right to let her suffer… And I was told that the last 4 1/2 years we had her and they totally did nothing to see her or help take care of her doesn’t count…What at this point is my best defense
The emergency custody order/ motion to modify by him there is not one word of truth in any of it at all… Why doesn’t he have to prove what he said, and why don’t they have to take responsibility for the 4 or so years, instead they get to rip this little girls life to pieces instead any advice would surely appreciated please

I have intervened already I’m in the case as a third party

Do y’all go to Asheboro

Since you have already been allowed to intervene as a party to the custody case, then you may be able to schedule a trial date and be able to present your evidence that supports you being awarded custody.

All of the evidence and examples that you have provided are all relevant to a hearing, and the judge will want to see why placing custody of the child with you is in the child’s best interest and why placing custody of the child with either of the parent’s is not in the child’s best interest.

Emergency custody orders are granted ex parte, meaning the judge only hears from one party. Because of this, they are only in place for 10 days and there must be a return court date within 10 days so that all parties can be heard by the judge. Then the judge makes a new determination after a presentation of evidence from all parties instead of only one party.

A party that files a motion will prove their allegations in the motion at a trial. If the allegations in the motion cannot be prove, then a judge may not be inclined to grant the motion.


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.

What truly constitutes as a true reason for an ex-parte, I mean just saying your afraid it COULD happen can’t be all you have to say to a judge, to tear a child away from her life… I mean this father has his convicted child predator brother’s live in Girl friend babysitting my 9 year old granddaughter and her 4 year old 1/2 brother… To me that is a scary thought, and a REAL “THAT COULD HAPPEN” situation a judge ,a lawyer or someone would take interest in… I DO NOT understand. If I wanted to take my concerns to the level of trying for emergency custody I’m not even sure which county I’d take the papers out in, We live in Union County but have been having to go to Randolph County for custody court, and he lives in Chatham County, Randolph county is crooked, and doesn’t give one flip about these children involved… My oldest daughter was raped at 15 by a 40+ yrold man, who was convicted and served the full 15 years, that is a horrible thing for any child to have to go thru, my granddaughter’s dad was 25 when he decided to sleep with my youngest daughter (her mother) and she got pregnant at 16, so see my concerns for my granddaughter are genuine… But I know if I have to go to Randolph county its will be useless… DSS in Randolph or Chatham will be of no help either… I need a loop hole/miracle to get her out of that situation (Possible sex abuse and IS suffering from mental/verbal abuse) and a new lawyer that’s actually on my granddaughter’s side… Please do you have any ideas. BECAUSE Judge Etheridge in Randolph County Refuses to hear any evidence that before August 7 2018!!! Said that I could have put a mute button on her from May 2014 till the day August 31, 2018 when her dad lied and got an emergency custody order After our paper was filed in 2018, and went back and picked her up 41/2 yrs later it would be the same thing, basically 41/2 yrs of her life doesn’t matter… I don’t understand but can you help me plz “desperate” she’s petrified of her dad, she screams and hollars and begs to go home the whole hr, and a half we are taking her home… Help plz

An ex parte emergency custody order can be granted when there is a substantial risk of bodily injury or sexual abuse to the child or there is a substantial risk that the child may be removed from the State of NC for the purpose of evading the jurisdiction of NC courts.

If a custody case already exists in a county, then a new ex parte emergency custody motion should be filed in that county with the same file number.


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.

I have recently found that in March of 2019 my granddaughters fathers, brother the convicted child molester whom is registered in the state of NC was arrested and charged with felony registered sex offender on a child premises after being seen at his girl friends daughters Elementary school, with that being said my concern us that my 9 year granddaughter is at this man’s house 80% of the time her father has her supposedly the girl friend or his mom are Watching the girls but that can’t all be true cause the girl friend has a job outside the home. My question is is there anything I can with this to get her out of that environment, and also I found out on the 20th that she’s going to bed hungry because no one at that home feeds them after school and once her father gets them home after 8pm (M-F) when they say they are hungry he tells them its to late and its bed time so she broke with me crying because she goes to bed hungry most every night, she says and I quote "The weekends he has her that’s when they get food and baths " She comes here on our weekends and is filthy like she had the ssme under clothes on for the whole 2 weeks shes gone. Please tell me what steps to take…

If you believe your granddaughter is abused or neglected (in an environment injurious to her welfare), you can call your county’s Child Protective Services and make a report with these allegations. A social worker when then initiate an investigation and will remove the child from the home if the allegations are substantiated.


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.

I have tried DSS all they have done is call a head of time inform him they are coming which in turn gives him the chance to make it look good, get his story straight and make sure neither kid says any thing they ain’t suppose to… I picked her up today and she was so nasty, I bought her over 150$ in clothes for school and sent almost 200$ in clothes and shoes I had bought for school the first of the year and I didn’t want her to out grow them and sent them to her dads for her, I asked her why she didn’t wear them she says she did all of them almost 3 or 4 weeks worth of clothes she she says she wore once and now they are dirty so she has nothing else to wear because he has not washed clothes in almost 2 months… She has the same bad tooth she’s had for the whole year she’s been there and he’s done nothing about I have to let her sneak one of her inhalers from here to his house because he pretends she doesn’t have Asthma (That’s very dangerous I almost lost her mom when she was 9 same age as Chy now due to Asthma ) …I don’t understand NC dumb laws about parents these days it literally takes an half killed kid before anyone will help…
Are there any other suggestions outside of DSS that maybe could bring DSS in through a different source, (DSS i think takes it as I’m just trying to case issues and that is so far from the truth… I’m so concerned with his brother being around her and all his sick issues, on top the fact these 2 kids go hungry not because no one has the money to feed them but they are just lazy n cruel, I have my granddaughter this weekend she broke down crying because no one cares about her life
What else can I do

If CPS is not substantiating the claims in your report, then the only other option you have is to take pictures of the child when you get her and document everything for later use in court if you have intervened in the custody case between the parents.


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.

I have intervened in the case. Can I be taken out of the custody order just because if its already proven I’m an assest in my granddaughters life.

It’s possible the judge could not award you any custody or visitation time however, that’s very unlikely if you are able to present a lot of evidence that shows the parental-like connection and relationship you have with your granddaughter.


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.

What steps do I need to take if my 11 year granddaughter wants to come back.and live with us we had her for 41/2 yes raised her full time with no assistants from either parent not even a single word or any type of contact from the father during that time. But yet because he had more $$ of course he did he wasn’t raising his daughter. But anyway my granddaughter is miserable she misses her life, her friends her softball team she had a life and she wants it back but I need to.know where to start. She wants the judge to hear her and to listen for a change. This little girl doesn’t even call this man dad or even by his name we have tried to get her too. She feels like she lives in a strangers home. and as for her mom she’s totally behind what makes her daughter happy. The father is more spiteful and has a narssitic type personality and its sucking the life out of a very sweet little girl. What advise can you give me and what are her chances of being back home and happy again …

If you are still an intervening party in the custody case, then you can calendar the case for a permanent custody hearing and be able to present evidence as to why living with you is in her best interest and why living with her father is not in her best interest.

Any evidence/testimony from therapists, teachers, etc. can be very helpful as well as documentation of report cards, grades, etc. if for example, she was doing well in school and thriving with you but there has been a decline since living with her father.


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.