Legal Question in Family Law in North Carolina

No unless there is an active custody case that is ongoing between the mother and father of the child. However, you can seek relief, not under the grandparent's visitation statutes, but under the normal custody statutes. Anyone can petition for custody of the child. In a custody battle between a non-parent and a parent, you will have to show that the mother and father of the child are unfit and that the best interests of the child dictate that the child will be placed with you.

You can try calling DSS, however, I have a huge word of caution. Once you get DSS involved, you will wish that you had not done so. DSS can investigate and take the child if they feel its not an appropriate setting. The mother may be directed to comply with a parenting arrangement. While in theory DSS will try to place the child sith suitable relatives, there is emphasis on the word suitable. If DSS deems you unsuitable, the child will not be placed with you, but with a foster family. Whether the foster family will be kind and loving or much much worse is like a game of roulette and there are no guarantees that your granddaughter would not be abused. You do not necessarily have a right to see the child if she is in foster care.

The goal of DSS in theory is reunification of the child with its parents. More often than not, parents are set up to fail and if this woman has problems, this may be a recipe for disaster. DSS will change the goal from reunification to adoption if the mother does not comply with the parenting plan within a reasonable time. Unless there is real abuse, I would not call DSS, but its your choice.

Since your son will soon be out of jail, let him file for custody as soon as he is released, or seek custody yourself. Any child custody action must be filed in the county where the child has resided for the last 6 months.