Grandparent seeking child support


#1

Hello,

My daughter is living with her maternal grandmother, I have full legal custody and my ex-wife has limited visitation. I allowed my teenage daughter to stay with her grandmother as she was not following the rules of my home, being abusive to her siblings, etc. (her grandmother thought it was best, as well). I have not signed a power of attorney, custody over, etc. to the grandmother. My ex-wife and I have another child together, which I have physical custody of. Recently, I found out that my ex-wife is staying with the grandmother, which violates the custody agreement. She has visitation every other weekend for 4 hours. I did not modify the agreement (yet) as my daughter is happy.

My ex-wife has NEVER paid a penny for our children and I did not put her on child support. My belief was that since I have been taking care of our son (which stays with me) and she is now living with her mother, she would be taking care of our daughter. I just received a message that the grandmother is going after me for child support. Can she do this if she does not have legal custody? My daughter is free to come back any time and I have stated this, but the grandmother does not want to give her up. I’m trying to keep from forcefully taking my daughter, as well as the mental recourse that this will have on my child. Can the grandmother do this? Please help!

Thanks in advance!


#2

NC Gen Stat § 50-13.4 (a), provides that: “Any parent, or any person, agency, organization or institution having custody of a minor child, or bringing an action or proceeding for the custody of such child, or a minor child by his guardian may institute an action for the support of such child as hereinafter provided.”

The grandmother would have to establish that she has custody in order to receive child support from you.