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I was wondering what kind of rights as a grandparent I have

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JA: The Family Lawyer will...
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
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5/17/2016
Family Lawyer: Chris T., JD, Lawyer replied 1 year ago
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,829
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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Hello. I'll be happy to assist you.What state do your grandkids live in?
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Customer reply replied 1 year ago
North Carolina
Customer reply 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 reply replied 1 year ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Family Lawyer: Chris T., JD, Lawyer replied 1 year ago
Are your son and the mother legally married?
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Customer reply replied 1 year ago
No
Customer reply replied 1 year ago
&however he's been in there lives for the last 5 year's being a great dad and couch
Family Lawyer: Chris T., JD, Lawyer 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.
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Customer reply replied 1 year ago
We have done all of the above
Family Lawyer: Chris T., JD, Lawyer 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.
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Customer reply 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 reply replied 1 year ago
My some is incarcerated
Family Lawyer: Chris T., JD, Lawyer 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.
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Customer reply replied 1 year ago
How can I do this with him in lock up
Family Lawyer: Chris T., JD, Lawyer replied 1 year ago
How long will he be in jail?
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Customer reply replied 1 year ago
We have always felt she's unfit mother
Customer reply replied 1 year ago
What are my options. She's now trying to take his rights away and wants to change children's names
Family Lawyer: Chris T., JD, Lawyer 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
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Family Lawyer: Chris T., JD, Lawyer 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.
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Family Lawyer: Chris T., JD, Lawyer replied 1 year ago
Do you have any questions? If so, feel free to ask. If not, please remember to "rate" my answer before you go.
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Chris T., JD
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,829
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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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