Legal Question in Family Law in North Carolina

Re: temprary custody papers

The practical answer is that if the grandparents agree to turn the children back over to you, there is no problem. I am assuming that the "temporary papers" were not filed in court. If so, then just tear them up. Its over. IF HOWEVER, the "temporary papers" were filed in court, or if the grandparents refuse to turn the child or children over to you, first try going to the police and asking them to go with you to the grandparents home. If the child or children identify you as their parents, the children should be turned over to you. If the child or children are too little to identify you, or if the police or sheriff's office refuse to help you and the grandparents refuse to return the child, then try legal aid. You can ask at the local courthouse about legal aid that may be available. If there is no legal aid (which is free) then you will have to get a lawyer to assist you. In almost every state and jurisdiction, a parents rights to their child is stronger than any other persons rights, including grandparents. But often the situation gets muddied, when the persons (here the grandparents) want to keep the child and claim that the parents are not fit, or it is in the child's best interest to stay with them. Money is NOT supposed to be considered. A poor mom and dad have more rights than a rich grandparent, but if the mom and dad do not have jobs, do not properly support, feed, clothe, and care for the children, THEN a grandparent, or the County Department of Social Services can and sometimes will get custody from the court. But parents rights are the highest rights, especially when the parents are together.