My wife n i have been through a lot in the last 2 years. We have just gotten married 8-26-16 after knowing each other only 4 months n 6 days. Either way out addictions took CONTROLE of us promptly. She and I have been separated for the last few months as she left me in Iowa and returned to NC. She then got in trouble after dealing with her past problems she came to Iowa to avoid. She is currently in jail, serving her sentence, while awaiting a bed at a treatment center, so she can parole out after completing the 90 course. Her mother, the biological grandmother is currently trying or has gotten custody of the children. She is pressing for my wife’s rights to b taken from her while she serves her time, and has been court dates we believe she has missed due to being incarcerated, what r my legal rights to my step children, and what can I do for my wife to keep her rights, so we can or may have a chance of bringing our children back home with us. I am currently in my recovery as well as I have moved away from my home town, taking a vacation in Florida with friends of mine, with plans of returning to NC and enrolling in school for psychology, to become a drug and substance abuse counselor myself.
Stepparents have no rights in NC to stepchildren unless the stepparent adopts the stepchildren.
The maternal grandmother may be awarded custody of the minor children if the mother is incarcerated and going through addiction treatment/recovery. It is possible in NC that after successful treatment and after obtaining and maintaining a job, appropriate housing, etc. that the mother can petition the court for custody to be returned to her.
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.
Thing is that the grandmother doesn’t really care about the kids. She’s taking CONTROLE only because she wants CONTROLE over my wife and her life. She is a very controlling and twisted faced individual. Our 17 year old just had a very near pregnancy scare, now I know those are her actions, but they could have been prevented by the guardian, doing their job and being responsible, which she is not. This woman never took care if her own children, and now just to make sure my wife does what she wants her to do in or out of treatment and or incarceration. She is only doin things out of spite and to be controleing of her life. She wants us to b divorced, and to break us apart n to ensure that she is waiving and dangling the children from Strings, LIEING and bad mouthing the both of us filling the kids head full of negative thoughts, making them resent their mother. We are both doing the right things getting clean and like I said previous I’m going to get unrolled in a psychology program and eventually become a drug and substance abuse advocate.
If the grandmother is not a fit and proper person to have custody of the minor children and you believe you have an established “parent-child” type relationship with the minor children, then you may be able to petition the court for custody.
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.