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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my daughter and her boyfriend had joint custody of 2 year old

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my daughter and her boyfriend had joint custody of 2 year old girl.the custody papers stated that if either one failed a drug test then the custody went to the other.My daughter and granddaughter has lived with me most of my granddaghters life me and her are very close.The father will not allow me to spend anytime with my granddaughter since he got sole custody but my daughter is willing to help me try and get joint custody of her what do i need to do we live in nc.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Yu're not going to like my answer. Grandparents only have the right to visitation and can file a Petition for Grandparent's Rights with the local Court. Note, however, following the Troxel decision, you must show that grandparents should be required to show that a denial of grandparental visitation would substantially harm a grandchild before grandparenting time should be allowed. This is a tought mountain to climb. To fulfill this, the grandparents have to had played a very active role in the child's early years. This is hard to do, and many such petitions fail.


Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.

my daughter and granddaughter have lived with me almost all of my granddaughters life,my grandaughter is attached to me to the point that when my daughter did move out i would have to go get my granddaughter at night when i got off work to come stay withme.There hasnt been a day up until now that i havent seen her.Her father has never had a problem with me keeping her until he obtained temporary sole custody because my daughter failed a drug test,but a couple of months back he was charged with drug use he went to some class and that was it.He is using her to try and hurt me and my daughter.I have bought over half her clothes and he called me and said i could meet he at walmart and spent some time with her then when i got there he said she could use some pants so i bought them for her .I then ask him to bring her to my house the following day he said he would try,But he didnt even text me til afternoon and thats was after i had sent him several texts asking if he was coming he said no

 

Expert:  Ely replied 4 years ago.
I see. You CAN petition for guardianship under these circumstances if you'd like. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

If you can convince the Judge that it is in the best interest of the child that you be the guardian, the Court will switch custody over to you.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
















Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Family Law Specialists are ready to help you

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