Temporary Custody

[SFIELDGIRL0904]

My family is in desperate need of some legal advice. I know laws vary from state to state so just to let you know, I am in North Carolina. Here is our situation. 5 1/2 years ago my parents got temp. permanent custody of a little boy. He was 6 months old at the time and is now 6 years old. He has alway seen his bio mother on and off. When she is not in prison or striping. Well a year and 1/2 ago she took my family back to court to regain custody. The judge allowed her to get him 3 weekends a month. We recently went back to court and things aren't final but it is looking as if he is going to have to go back to her. Is their any law that can protect us and him from this happening. He says he doesn't want to live with her but the judge says he is too young to testify and my parents aren't "official foster parents" so that makes some difference too. Please help us! We don't want to lose him. he has been a part of our lives for almost all of his life!
Thank you
helpmeinnc

 

[lawrat]

Wow, how heart breaking. Well, you do need a family law attorney for this to show why the court needs to let the child stay where he is.

Most courts favor repairing the relationship with the natural parent and thus, will usually grant custody to this person. Your attorney's job will be to show why this person is not a fit parent.

http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0480.html

http://www.ncga.state.nc.us/statutes/statutes_in_html/chp050a.html

http://www.attorneypages.com
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