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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in NC New Hanover Cty. My grandson is 12 yrs old.

Customer Question

I live in NC New Hanover Cty. My grandson is 12 yrs old. His father is in jail for drug trafficing and his mother(my daughter) is a drug addict--- neither are able to care for the boy. The boy has come to stay with me for the summer and conversations with him have revealed terrible living circumstances with his father's mother and family. He was not safe there and there was neglect per what I have been told. I have tried to get my daughter to give me POA for him to no avail. The father's mother has POA. I need minimal poa for sch,,ool medical and travel,per NC law, correct? I am considering getting custody of the boy. it is alot of expense and I recently retired as an RN. Please advise.
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
The parents of elias are not married--havenever been. He lived with me til I needed hip surgery in 2007. The father kept Elias after my recovery and would not return him to me. Father is 34 and mother is almost 32. He is in a federal prison in Buckner ?? NC. She lives with friends in Newport NC. She is unemployed and is attending help groups x3 per week for help with the addiction. He has a yr of college and she is a high school drop out. I have a BS in nursing and several certificqations. I have been divorced since 1992. ex husband turned out to be alcoholic I spent alot of time as did mjy children for dysfunction and effects of living with an alcoholic and drug used. I neither drink smoke nor use drugs. Very morale and christian Try to live a "normal" life. I am 66 yrs old and retired. any other questions. ???
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns. Where is the grandson now, where does he live and with whom? Is he with your now? Where is he supposed to be once summer ends?
Customer: replied 2 years ago.
He is with me and wants to remain here. He wants to go to school here and live here. That is why I need POA from my daughter. She says she has the papers and will get notorized asap. If I do not get POA he will have to return to the fathers family. Up until June 2015, He has lived with the fathers mother and family.He has come here to stay for the summer amd permanently He refuses to return to the hell hole he has been in.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, If she is not willing to grant you a POA then you really do not have a choice and would need to file for custody. You can indeed file for guardianship either where the child resided for the past 6 months, or if there is really no custodial location, you can try to file locally to you (although that may be challenged for venue). In any case for you to prevail you need to show that the other parents are unfit, and bring up evidence of history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, and moral turpitude to show that where the child would exist would not be in that child's best interest. The courts focus on this 'best interest', and if you can show that you are fit but the other parties are not, the judge can side with you. Be aware that you need to serve all parties with a copy of your petition as they would have the right to contest. Sincerely, ***** *****

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