I have an order for custody out of Mecklenburg county. In part, the judge there decided to allow my child, a teenager (15), to stay with his father because I took a job in Wake county. I got biweekly weekends and 2 weeks in the summer/holidays etc. I want to increase my time. The first problem is my child has moved yet again from his father’s home and is now living with his grandparents. Do they have custodial rights over me? The second problem is my child’s father purported he was living/engaged to this woman 2 years ago, which was instrumental in him gaining custody. Now, she has moved out but is interfering with my relationship with my child. She and my child talk everyday, text and so forth. The father has forbidden my child from “texting and calling” me, the mom. She helps him with registering for school. I have been shoved out of my child’s life on purpose. All the while, the father, his parents and their friends interfers with my jobs. The father just gained primary custody in 2016. What can I do at this point?
You can file a motion to modify child custody if there has been a substantial change in circumstances affecting the wellbeing of the child. Depending on the reasoning behind why your son is now living with his grandparents, this could be a substantial change in circumstances.
Grandparents do not have custodial rights stronger than those of a parent when the parent is a fit parent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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