Comments on: Grandparents’ visitation & child custody rights in North Carolina

By: Mark Spencer Williams

Mark Spencer Williams — Wed, 12 May 2010 17:52:08 +0000

You need to hire an attorney to help you. You will most likely need to file a Chapter 50 child custody action. Please let us know if we can help.

By: Robin Harden

Robin Harden — Wed, 12 May 2010 16:36:34 +0000

Department of Social Services placed our infant granddaughter in our home under a “voluntary safety source” because the parents, ages 21 and 27, unmarried, were abusing drugs and alcohol and there were several violent incidents. They continue to drink and abuse alcohol. What would be the next step to gain actual legal custody? Can DSS do it or will we need to retain an attorney? We adopted our son’s first child by a different girl because of drug use, but we paid for an attorney after DSS failed to act and the baby ended up in the hospital. We do not want to adopt her, just gain legal custody so that we can guarantee her a stabile home until the parents get it together. She lives with her parents and her first child who is 2. Our son says he is trying to get into an Oxford HOuse. We are supporting him at this time because he does not have a job.

By: Mark Spencer Williams

Mark Spencer Williams — Sat, 01 May 2010 16:57:29 +0000

Deborah, Thanks for your post. Once a Chapter 7 (abuse and neglect matter is closed), we strongly recommend that grand parents in a situation similar to yours file a guardianship or child custody action.

By: Deborah

Deborah — Fri, 30 Apr 2010 17:23:15 +0000

We discovered our daughter was using drugs in July 2009. She wanted to take our 23 month old grandson out of our home-the two of them would live with us during the week while she worked and they would go home to her apartment for weekends). We called child protective services and we were granted kinshipcare. She has only seen him about 5 times since last June. She lost her job, was arrested twice for possesion. We bailed her out and helped her get into a rehab program up near Asheville. She recently married one of the men in the program and they both left the program. We were hoping she would get the help she needed and be a part of her child’s life. This is not going to happen and we need to protect our grandson. Child protective services closed his case in December. Where do we go from here?

By: Mark Spencer Williams

Mark Spencer Williams — Sun, 21 Mar 2010 23:14:16 +0000

If the court order is governed by a State other than NC, you need to contact an attorney in that State.

By: mrfernandez79@hotmai

mrfernandez79@hotmai — Sun, 21 Mar 2010 02:26:19 +0000

My sons mother recently passed away and emergency custody was given to his maturnal grandmother. If and when I get custody back will she have to whait the two years to petition for visitation since one petition has already been filed. I live in Colorado.

By: stacey w

stacey w — Fri, 19 Mar 2010 03:19:04 +0000

My son and his girl friend are both 19. They had a baby girl 3 months ago. The girl friend let me see my grand daughter for her first month daily almost and then just decided to not let me anymore. She has decided to leave him if he comes around too. Is there anyway I can get visitation to see my grand daughter?

By: Mark Spencer Williams

Mark Spencer Williams — Thu, 11 Mar 2010 20:00:10 +0000

Parents are presumed to know the best interest of their children. Any parent may by last will and testament recommend a guardian for any of his or her minor children. If both parents make such recommendations, the will with the latest date shall prevail. In the absence of a surviving parent, such recommendation shall be a strong guide for the clerk in appointing a guardian, but the clerk is not bound by the recommendation if the clerk finds that a different appointment is in the minor’s best interest.

The clerk has the power and authority on information or complaint made to remove any guardian appointed under the provisions of 35A, to appoint successor guardians, and to make rules or enter orders for the better management of estates and the better care and maintenance of wards and their dependents.

Any interested person may petition the clerk to exercise his or her authority under 35A; however, The jurisdiction of clerks of the superior court in the appointment of guardians of infants, etc., does not extend to cases where the petitioner asks for the custody of a child who had been placed by its mother under the control of another (In re Lewis, 1883, 88 N.C. 31) and would appear to revert the matter back to a best interest test under chapter 50.

By: Melanie Bradshaw

Melanie Bradshaw — Thu, 11 Mar 2010 01:59:02 +0000

In NC if a child’s parents die and the grandparents are named as custodians in the will can it be contested? I was told that if one of the parent’s has a siblings they could take the child away from the grandparents because a sibling has more rights in NC than grandparents. Is this true?

By: lynn

lynn — Mon, 01 Mar 2010 23:12:17 +0000

my son passed away in 08 and my daughter in law stopped me from seeing my grandson about 5 months but let me keep him and his sisters every weekend but stoped me from seeing him for no reason and i dont know what to do i wanna try and get my visitation rights would that be possible.