My husband has a child from a previous marriage well the child was taken away because his ex wife was found unfit and a danger to the child which in turn custody was granted to his ex wife's aunt my husband said that D.S.S. told him that if he left his wife that he could get custody of his daughter well of course he has left her now he is wanting to take this back to court to fight for custody because he found out that his ex has been living with her aunt who has custody as well as brought a convicted child molester around the child and the child mysteriously has a blood clot on her brain after something happened to her eye I need to know what we can do from here
Without knowing the specifics on why the ex-wife's aunt received custody (instead of your husband - am I correct to presume he was the child's biological father?), it's difficult to fully answer this question. Custody issues always hinge on the legal standard of what's in the "best interest of the child" and several factors will be considered. If the child's safety is at risk, I suggest you speak with a family law attorney asap for advice and guidance on how to act quickly. DSS may also need to be involved again. Good luck to you an the child.
Consult with an attorney who is familiar with the "Abuse/Neglect/Dependency" actions. They will have good insight into what all of your options are, after discussing all of the facts in the case.
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With all the players in this you should definitely consult with someone who is familiar with Abuse Neglect and Dependency as well as DSS in your county. Child Custody has a very large gray area so it's hard to say what will happen if this goes to a judge. From your blurb it sounds like DSS thought your husband was fit to care for the child when they, and/or the court, found bio mom to be unfit but couldn't give him custody because he was living with bio mom (who was unfit). From what you said, it sounds like Aunt that was granted custody now has that same problem you husband did if she has let unfit bio mom move into the home with the child. It also sounds like your husband needs to ask the court to appoint a Guardian ad Litem (GAL) as well. A GAL is a person that advocates for the child's best interest. Depending on how much time has passed since the Aunt took custody I do think that may be a fairly big hurdle for your husband as the minor child has gotten use to the Aunt as the care giver. The standard in North Carolina is the best interest of the child so if something dangerous is going on that will not bode well for Aunt. If you, or your husband think the child is getting abused you each have a legal duty to contact CPS and act now.
This answer in no way creates an attorney-client relationship. I am only licensed to practice law in North Carolina.
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