Legal Question in Family Law in North Carolina

grandparent custody

I am a 62 year old grandmother with custody of my 12 year old grandson.His father is threatning to take me to court over custody.I believe the best intrest of the child is to remain with me.Do you have any suggestions on how I should handle this problem.


Asked on 2/15/09, 7:55 pm

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: grandparent custody

When you say you have custody, it implies you have a Court order of custody. If so, a best interests test generally is the standard for whether a change of custody would be made by a judge.

If the child has merely been "parked" with you and there is no Court order, then a more stringent test is used. A grandparent cannot have custody unless both parents are shown to have acted inconsistent with their constitutionally protected status as the child's natural parent and/or that they are unfit.

You should consult with an attorney licensed in NC.

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Answered on 2/16/09, 12:14 pm


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