Legal Question in Family Law in North Carolina

As a parent can i gain custody against the grandparents

I am goig against my childs grandparents for custody in a case where i was never apprached for 2 years about the possibility that i was the father i filed for custody they filed a counter claim for custody and back child support? can i gain custody from them and can they sue me for child support if i was never todl i was the father? since finding out i am the father i have filed for visitation and i am voluntarily paying child support and have developed a good relationship with my son. wha are my chances?


Asked on 4/10/00, 5:35 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: As a parent can i gain custody against the grandparents

Can you get custody? Sure. I assume these are the mother's

people that are trying to keep the child.

Custody is an open question so long as the child is a minor.

You will need to show that there is some change in circumstances

that make it the best interest of the child that you

be granted custody if you have previously

not been granted custody.

Can they request child support? They can ask. You will probably

ask that the two qeustions be joined so they can be dealt with

at the same time. You need to be ready to show

stable housing, steady employment, lack of serious criminal record,

lack of substance abuse convictions, etc.

Keep a record of your gifts and contributions to the child during the time he/she has been

with the grands. Continue to try to

contact him/her even if the grands do not allow it,

but make sure you don't call so often they take out a criminal

paper on you. Good luck.

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Answered on 4/25/00, 6:38 am


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