Wednesday, May 13, 2015

How can I get custody of my grandchild?

Ever wonder how parents like Jenelle Evans from "Teen Mom" lose custody rights of their children to the grandparents? It may seem impossible but it can happen under certain circumstances. 

Generally, only parents may petition for custody of their children as they have superior rights to all others. However, if you have a close relationship with your grandchild or other family member, you may be able to gain visitation rights.


File a Motion

If either parent is currently in court for custody, you can file a Motion to Intervene and ask the court to give you visitation rights with the child. You must show that you have a close relationship with the child and keep in mind that your rights will not be superior to a parent.


File for Custody

In NC, anyone can petition for custody of a child. But as a non-parent, you must show that the parents have neglected or abandoned the children to gain custody. Otherwise, the court will search for a solution that allows either parent to continue as the caretaker for the children. Once a custody action has been filed, you may at any time reach an agreement to forgo a court hearing.


Adoption

You will have a hearing where the judge must determine if the adoption is in the child's best interest. If neither parent is interested in custody, is willing to consent to adoption, or has taken no action as a parent, you may be able to adopt the child.

***If you are interested in gaining custody of your grandchild or are fighting custody against a grandparent and you live in the areas listed below, please contact our office for more information. Keep in mind that there are many factors that will impact your custody case so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com


We assist clients in the following areas:

Orange County, NC
  • Cary, NC
  • Chapel Hill, NC
  • Carrboro, NC
  • Hillsborough, NC
  • Mebane, NC
  • Efland, NC 
Durham County, NC
  • Durham
  • RTP
  • Bahama
  • Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

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