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North Carolina child custody laws, grandparents' right to child custody

I am a grandmother. My daughter is divorcing the father of my only grandchild. Her new boyfrined refuses to allow us to talk about the father and refuses to allow us to let him visit. I am the primary caregiver and have been for 1 and 1 half years. My daughter gives no support and rarely takes the child for visits. She threatened to take him away on several occasions if we allow visits with the father. The father wishes the child to stay with us but probably can't get custody becasue he left her at the time that we took over care of the child. If we file for custody and lose she will never allow us to see the child. I need to know how we can keep her from taking the child short of filing for custody. Is there a way to keep her from taking the chiid from us. The father signed a statement that he wishes the child to stay in our home. She will fight us and cost us alot of money that would be better used for the child. Help me please.

Additional information
My daughter died, leaving a will stating that she wishes me to raise her 4 yr. old daughter, she was not married to the father, he only comes around a couple times a year when it's convenient for him. I have taken care of this child from birth due to the illness of her mother. Can I get legal custody of her or adopt her?
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Attorney answers (1)

Thanks for using Avvo. I am an Avvo Staff Moderator. To read more about our moderation team, follow the link below. Our current question volume may increase the response times of our loyal Avvo lawyer-answerers. My goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond.

The state of North Carolina allows grandparents to litigate visitation rights when parents divorce, even on the objections of both parents. The courts typically consider the relationship between the parents and the grandparents as well as the relationship between the grandparents and the children. I strongly recommend that you contact a family law attorney in your area. Good luck.
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