Legal Question in Family Law in North Carolina

Hi hello good afternoon My question or problem is my daughter mother got killed and in the same week my father died, so I let her grandmother take her for a couple of months , now I'm ready to bring her home I just need some time to adjust to her mother no longer being here or my father no longer being here emotionally or physically, there was never a custody transfer a garden transfer for a temporary anything I just let her grandmother take her because she had other brothers and sisters that I am not the there father and I didn't want them to be separatejust right after so its been almost a year now i call all the time an i try to see her as much as i can cause we dont live in the same city so my so my question is , if the grandmother doesn't let me take her when I go down there to get her and bring her home can I call the police on her to get my daughter and her things out of the house to bring her home I live in Greensboro North Carolina grandmother live in Charlotte North Carolina before her mother got killed I had her majority of the time please somebody give me a answer to this question because my daughter is ready to come home and I just want to make sure I'm not going to have no problems I know what the law is in what my rights are I just want to be sure

Asked on 12/25/13, 11:36 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If you are on the birth certificate as the father and if there is no written agreement or court order that grandmother has custody, you can go and take the child any time you want. If grandmother or anyone else for that matter gives you any problem feel free to call the police - they may or may not assist you depending on what the policy of that particular police department is.

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Answered on 12/25/13, 2:08 pm

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