Full question:
Granddaughter lives in NC with Stepfather. Our daughter has been living in Georgia for approx 18 months and has been separated from Husband (stepfather) and her real daughter. She has 3 months left of junior year and has been kicked out of home in NC and sent to Mother in Georgia. We are grandparents and want to know if we get a temporary housing in NC to finish junior year, do we have any risk in having granddaughter taken away from the mother?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: North Carolina
Answer:
The answer may depend on whether it can be argued that it is in the child's best interest not to be in the custody of her mother or stepfather. In North Carolina, a "third party" is anyone other than a parent (natural or adoptive). If you, as grandparents, want to file a lawsuit for child custody, you must first meet a challenging standard known as "standing." This means you have to show that the parents have made choices that are inconsistent with the presumption that they will act in the child's best interest.
The court assumes that parents will make good decisions for their children. Therefore, to gain custody, you must provide compelling evidence that the parents have consistently acted in ways that are harmful to the child. This does not require that the parents' rights be terminated or that abuse or neglect has been proven. However, there must be significant evidence of adverse decisions made by the parents.
If you meet this threshold, both you and the parents will be considered as potential primary caregivers. The court will then evaluate what is in the child's best interest, and it is ultimately up to the judge to decide where the child should live.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.