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My granddaughter lives with me right now. Had been since…

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My granddaughter lives with me...
My granddaughter lives with me right now. Had been since February of this yr. But her mom is being ass right now and trying to throw her weight around. My question is that she is 15 now will be 16 in May . She wants to live with us . Her mother is a drug addict been in jail has made them homeless. My granddaughter live with me the first 11 years of her life until her mom when and jerk her down with her. I'm just trying to find out what the age is . At 15 she smart and intelligent for her age.
Submitted: 7 months ago.Category: Family Law
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11/27/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,699
Experience: Experienced Family Law Attorney
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What state is this please? Are you interested in information about grandparent custody or visitation?
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Customer reply replied 7 months ago
North Carolina. Grandparents don't have rights in North Carolina
Customer reply replied 7 months ago
She wants to stay with us . She doing good in school and don't have worry about if she going to eat today or have a place to stay at night.
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Grandparent visitation is extremely difficult in NC; Custody of a child is addressed in code 50-13-2 and a grandparent is only permitted to petition for custody during a pending proceeding between the children's parents. If there are no such proceedings, then per McIntyre v McIntyre and Fisher v. Gaydon, the grandparent does not have "legal standing" which means they cannot sue.
When the child lives with the grandparents the parents may consent to custody but cannot be forced.

http://www.nccourts.org/Support/FAQs/FAQs.asp?Type=15&language=1#47

A child 16 and older may petition for emancipation;

here are those statutes:

https://www.ncga.state.nc.us/enactedlegislation/statutes/html/byarticle/chapter_7b/article_35.html

forms:

http://www.nccourts.org/forms/Documents/545.pdf

Here are the factors the court will consider:

In determining the best interests of the petitioner and the need for emancipation, the court shall review the following considerations:

(1) The parental need for the earnings of the petitioner;

(2) The petitioner's ability to function as an adult;

(3) The petitioner's need to contract as an adult or to marry;

(4) The employment status of the petitioner and the stability of the petitioner's living arrangements;

(5) The extent of family discord which may threaten reconciliation of the petitioner with the petitioner's family;

(6) The petitioner's rejection of parental supervision or support; and

(7) The quality of parental supervision or support. (1979, c. 815, s. 1; 1998-202, s. 6.)

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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