Legal Question in Family Law in North Carolina

An ex parte was served on the mother's previous boyfriend, the child I have in my physical custody was placed in my care by the biological father on October 1st. He has not come to retrieve her. He also has not participated in the mediation orientation or parenting class processes, and we are being led to believe he won't be at any court proceedings either. The mother's vastly improved her situation, including filing an ex parte and a Domestic Violence Protection Order on the ex boyfriend(youngest child's father) in December, finding a new residence, new vehicle, and getting her employment back. The paternal grandmother has obtained a lawyer and is now suing not just the parent that holds sole temporary custody, not just both biological parents, but both me and my fiance since she is in our home(I suppose we are her guardians with physical custody). I am at a loss as to what to do, if the sole temporary custodian has chosen to not take part in this, we have been put in a position where we want to send her home to one of her parents, but don't want to go against the law since our names are on the papers as caretakers. Any advice would he helpful! My phone number is 252-268-7523, email or phone call would work. I know I may have sounded somewhat confusing. Thank you in advance.

Asked on 4/22/22, 9:18 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

You need to consult with a local family law attorney who can make sense of what you have typed as I have a Juris Doctorate and find it impossible to follow. If DSS is not involved, count yourself lucky because if anyone who wants to take the child from you had any sense, they would have involved DSS long ago. Bottom line, if the DSS and / or court gets involved, they will place the child with whoever they think is in the best interest of the child. If that is not who you think it should be - you need a family law attorney ASAP. Best of luck.

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Answered on 4/22/22, 10:11 pm

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