Granddaughter Child Custody


#1

I am the maternal grandmother of an amazing 5 year old. my granddaughters parents are severe addicts and in and out of jail. I have won an ex parte custody order because I have physically, emotionally, financially and with all my heart, provided a happy healthy and safe home for my granddaughter for the last 2 years and part of her first 3 years. My daughter and the father have not supported her financially for at all in the last 2 years that her and my daughter have lived with me. My daughter knows I’m doing this to protect my granddaughter and is willing to sign over her rights to me. The father uses drugs, and excessively uses alcohol in the presence of the minor child he does not keep a job he cannot keep a place to live for him or his daughter. he has a serious anger, rage issue which he admitted to in court when we got a restraining order against him. His use of methamphetamines has seriously impaired his judgment which was in question to begin with. So my question is what are my chances of getting full custody of my granddaughter after winning the ex parte custody order?


#2

not an attorney
Just speaking from experience, my mother went through this with my older sister’s children. She won. She had a gracious amount of evidence that proved the child was not with fit parents. Most of the evidence she had was pictures of things and testimonies of close family that backed her.


#3

Thank you. We have printed text messages and voice recordings of the father acting absolutely crazy. His rage is something I have never seen in anyone in my life!! And he admitted in open court to the judge that he had an anger and rage problem. And according to the restraining order he was suppose to be assessed and complete an angel management program which he has not done.


#4

It is likely that you would be granted custody of your granddaughter since the father does not appear to be a fit parent. Also, your granddaughter has lived with you for some time now and the judge will want to keep consistency and stability for her.

The more evidence you have (of both the father’s unfitness and your ability to provide for the best interests of your granddaughter), the better, however, it will be helpful that the father has already admitted under oath that he has an anger problem and that he has not done the anger management program as ordered by 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

Thank you very much for your advice it is definitely giving me hope. the other grandparents are now trying to fight for custody but since how the other grandfather is a 15 Time Felon with grand larceny armed robbery extortion all in his criminal history I don’t see a problem, at least I hope not. The only thing I have is about 20 years ago, and I no longer drink or do any type of drugs!