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?
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.
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.
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.
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!
Dawn Godfrey or anyone did you have to file custody or intervene in a custody order before you could file for the ex parte
The ex parte custody order was an emergency one. We did the temporary custody after that!!
I now have custody of my granddaughter. I paid alot for my attorney, but he was WELL worth it!! I thank God everyday for his help in this matter and will continue to use Andrew Wingo, Mooresville NC, in any or all future legal matters!!!
I have had my granddaughter for 41/2 years no contact what so ever from the father some from the mother (my daughter) not alot dss went after him for child support in nov 2017 and all of sudden he wanted custody of her so filed a mothion to modify 4-25-18 against the mother before i could intervene he had temporary custody but not gotten from me i still had her my lawyer filed my motions on 8-28 having to wait for it to be heard we had a trial date set for 10-18-18 all was good my lawyer said sent her to school fri 8-31 and some how he got an order temporary order with exparte 8-31 and picked her up a total stranger to her I need to know if i still stand a chance of getting custody of her neither parent can pass a drug test either plus this guy was 10 yrs older than my daughter and sleeping with her at 15 years of age I didnt know that until my granddaugher was almost 2 because my daughter did not live with me at the time
I am wanting to know can i file for emergency custody now we are really concerned about her well being he has her isolated from everyone she known the past four years and his brother is a convicted child molester in the state of nc and lives with the fathers mother
and my daughter is wanting to sign her custody over to me she knows its best for her daughter
Your situation sounds like one that could qualify for a motion for ex parte emergency custody given the drug use. However, since there is already a pending custody case between Mom and Dad, you would need to file a motion to intervene in 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.
I have filed a motion to intervene, motion for custody exparte emergency but they have not heard my motion to intervene yet so can i file for exparte emergency custody with that being heard or do i have to wait till oct 18
We went to court on aug 28 and he put my motions in but they were not heard I know that she is so scared and traumatized by this her worst fear was him coming and taking her, i went thru heck with her in the beginning she has social anxiety and anxiety in general she had worked so hard to get to where she was playing softball and school finally breaking out of the scared shyness I dont see how there is nothing i can do to get this over turned and her back on track
The judge will likely need to hear and grant your motion to intervene prior to ruling on your ex parte emergency custody 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.
does a temporary custody exparte change the visitation in the temporary custody order
It could, if that’s what u r trying to do
Yes, an ex parte emergency custody order could change a temporary custody order.
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.
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 (16 when she got pregnant Though) can she do that
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.