Legal Question in Family Law in North Carolina

Our daughter is a 19 yr old type 1 diabetic. At approx. 3:00 am on May 29, she had a massive heart attack. Brought on due to the having a 10 week premature daughter on Jan. 30 of this year, going into Diabetic ketoacidosis ( DKA ) and being on birth control while smoking. My concern is what rights do we as maternal grand parents have. The father of the baby is a US Marine who is currently married to someone else. Despite being told by his command when he first started dating our daughter ( Around Feb. 08 ), he was not to have any contact with her, and he ended up having to sign a statement to that effect. Even after all of this he continued to see our daughter. We at this time told him that medically she can not get pregnant and she was not on birth control, that he had to do whatever necessary to prevent her from getting pregnant. Well he did not, and now because of this she may not live. We are now concerned that he is going to take the baby to his mother in Ohio ( against our daughters wishes ). The cardiologist have also stated that contact with our daughters baby will help her recover, reminded her what she has to live for.

The stress alone of finding out her daughter has been taken out of state away from her will probably put so much stress on her it may kill her.( if it happens )So my big question is what rights do we have over her father who under the circumstances should not have even been withour daughter to start with. And if he takes the baby out of state what can be done. My wife and myself are more than willing to take care of the baby and make sure she get to see her mother while in the hospital and upon going home to recover.

Please Help ASAP!! Thank you

P.S I am putting this under child custody, but am not trying to take my daughters child. I am just wanting to do everything I can to see that my daughter recovers and her daughter is taken care of through all of this.


Asked on 6/02/10, 10:00 am

1 Answer from Attorneys
Rachel Hunter

You will have to petition the court for custody of your grandchild before the father takes the child out of the state. Hire a family law attorney now.

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Answered on 6/02/10, 2:21 pm


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