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Do grandparents have custody the right to go for custody? North Carolina

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  • Do grandparents have custody the right to go for custody? North Carolina

    I and my husband have been married for 19 years come this August. We are having some issues right now and have been fighting a lot lately. We love each other and are trying our best to work it out. I made the mistake of talking with my mother about it. Now, my mother has said that she was thinking of filing for custody of our 8 year old son. Our marriage has never been a violent one, and our son is in no jeopardy of being taken from one parent or the other, we both agree this would not be good for him. My question is, does my mother have any grounds to file custody? Also, does she have any custodial rights at all? Just to add a doozie on ya here, she is on her fourth husband and my brother and I were constantly shipped from house to house when we were growing up and my 19 year marriage has lasted longer than all 4 of hers combined! We really don't think we are in any danger of losing him, but a little back up would make us feel better.

    Thank you in advance for any advice you have.
    Last edited by kittikatpanther; 07-03-2009, 07:29 PM. Reason: bad grammar

  • #2
    She could petition for grandparent's visitation but barring abuse and/or neglect by you or your husband, custody would likely remain between the parents. It sounds like your momma is part of the drama mafia. Don't let her interfere with a relationship that is in trouble. Don't tell her ANYTHING else.
    Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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    • #3
      It's my understanding (and I could be worng) that she would not even have standing to ask for visitation unless you and your husband divorce.

      When the family is in tact, the courts are not really willing to try and supercede the decisions of Mom and Dad. For example, if my husband and I decided to move to Bora Bora, and my Mom was mad about it, she couldn't take legal action to force me not to go. She's not part of THIS family. Barring any abuse of the child or any involvement from child services, she wouldn't have any standing to ask for an hour long visit, let alone custody.

      It's when the family is no longer in tact that the courts will entertain a petition for visitation from an outside member. And even that is only granted if that party can PROVE that their involvement with the child is in the child's best interest.

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      • #4
        Agreeing with MomofBoys here. I wasn't as complete in my response as I should have been.
        Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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        • #5
          Please pay attention to the dates, crystal - this thread is from 2009. Thanks.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Nonetheless, the rule here is that you don't post to dead threads.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Apparently crystal's posts have been deleted.

              Posts were deleted & poster banned by cbg.
              Last edited by Betty3; 08-07-2011, 08:28 PM. Reason: add info
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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