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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4816
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I was wondering what kind of rights as a grandparent I have

Customer Question

I was wondering what kind of rights as a grandparent I have
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: It's a long story. My son was incarcerated and now mom is keeping our grandkids from us all the while we have had a major relationship with them
JA: Is there anything else important you think the Family Lawyer should know?
Customer: Yes the woman that's suppose to be a good mom does not dress the kids for appropriate weather. She fails to give them her allergy medicine and meet guys on line sending naked picture of herself
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.
Hello. I'll be happy to assist you.What state do your grandkids live in?
Customer: replied 1 year ago.
North Carolina
Customer: replied 1 year ago.
We moved them here they live with us for months even prior to this. We paid for kids schooling clothing roof over head and luxury
Customer: replied 1 year ago.
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Expert:  Chris T., JD replied 1 year ago.
Are your son and the mother legally married?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
&however he's been in there lives for the last 5 year's being a great dad and couch
Expert:  Chris T., JD replied 1 year ago.
OK. The first hurdle you have to overcome is standing, that is, the right to bring a custody suit. In NC, biological grandparents retain their standing as long as they have a "substantial" relationship with the child. The statute does not define a substantial relationship, but if the grandchild has lived with the grandparents for a significant period of time, that should constitute a substantial relationship. Having the grandchildren visit often or stay overnight is also a plus for grandparents.If the grandparents and grandchildren participate in social and recreational activities, that should help. Providing routine or occasional child care is also a positive factor.
Customer: replied 1 year ago.
We have done all of the above
Expert:  Chris T., JD replied 1 year ago.
First, a suit may be entered only in connection with a custody suit, not in an independent action. Because grandparents in North Carolina cannot file an independent action for visitation, some grandparents seek visitation rights as a part of a grandchild's custody case even if they are not being denied contact. So, in order for you to get to ask for custody, your son must be in a position to first bring a custody suit of his own, and then you can join in.
Customer: replied 1 year ago.
Unfortunately the mom cannot be trusted. That's why my son was always in the picture also cause he loved his kid's very much. The detective that was here told us we should applied for emergency custody
Customer: replied 1 year ago.
My some is incarcerated
Expert:  Chris T., JD replied 1 year ago.
If you are seeking custody, your son must have a custody case already existing. If you want to terminate her parental rights because she's an unfit mother, that is a different situation.
Customer: replied 1 year ago.
How can I do this with him in lock up
Expert:  Chris T., JD replied 1 year ago.
How long will he be in jail?
Customer: replied 1 year ago.
We have always felt she's unfit mother
Customer: replied 1 year ago.
What are my options. She's now trying to take his rights away and wants to change children's names
Expert:  Chris T., JD replied 1 year ago.
In order to terminate parental rights, you must meet one of these categories: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-1111.html
Expert:  Chris T., JD replied 1 year ago.
If she terminates his rights, you will have no chance at court ordered visitation. Your only hope, short of terminating her parental rights, would be to get your son to file a custody action, which he can even do from jail, and then you join in the suit asking for custody. In all reality, that's your only option.
Expert:  Chris T., JD replied 1 year ago.
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