Non -parental Loco Parentis?

I have been with my daughter since she was pregnant with my grand daughter. My gd is almost 5. She has lived in my home and been cared for by me majority of the time. My daughter did move out 2 years ago w/ her girlfriend to another town but didn’t have child care so she left her w/ me 5 days a week. After a year, her and the girlfriend broke up and she lost the apartment and moved back in with me. She now has another girlfriend who is at my home every night. I told her I don’t want her there every night, she doesn’t live w/ me and I don’t want guests every night.
My daughter took my grand daughter to go stay at the girlfriends apartment, which is 1 bedroom. I don’t trust her to take care of my grand daughter because she uses her as a pawn to get her way with me because she knows I won’t let her be homeless.
My grand daughter’s only stability is me. I have taken care of her since birth, clothes, food, school, sports, gymnastics etc… Keeping her from me not only hurts me but also my grand daughter. NC does not have grandparent rights, however, can I file for joint physical custody since she only knows me and my home as stability?

Yes, if you have established a parent-child relationship with your granddaughter, then you can file for custody of your granddaughter assuming the mother and father are no longer intact and that the father has acted inconsistent with his constitutional right as a parent.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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