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  #1  
Old 10-24-2000, 12:29 PM
pat morgan
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My nephew has a 1 yr. old daughter. He is not married, but he is the legal father of his daughter. His girlfriend just got married and now wants him to give up custody and she is planning to move out of state.
He cannot afford to get a lawyer at this time. What can he do?
Also, what are the grandparents rights in North Carolina?
I would appreciate any help as soon as possible.
Thanks!
Pat Morgan

  #2  
Old 10-25-2000, 03:20 AM
LadyBlu
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Has there been a order establishing paternity? Has your nephew been paying support for the child? Also is his name on the birth certificate?
If he has done any of these things, she cannot force him to give up his child. He can do so voluntarily though.
If there has been a visitation order set up then he can dispute her moving and then will possibly get longer durations of visitation to make up for not getting the child as often.

As for the granparents rights, following are a couple of case laws showing the grandparents being denied visitation:
[url="http://www.aoc.state.nc.us/www/public/coa/search/2000/price_v._breedlove,_99-535,_05-16-2000.htm"]http://www.aoc.state.nc.us/www/public/coa/search/2000/price_v._breedlove,_99-535,_05-16-2000.htm[/url]

[url="http://www.aoc.state.nc.us/www/public/coa/search/1999/Penland_v._Harris,_98-1528,_10-19-1999.htm"]http://www.aoc.state.nc.us/www/public/coa/search/1999/Penland_v._Harris,_98-1528,_10-19-1999.htm[/url]

Here is case law regarding the bio father obtaining custody of a child when mother weds and moves out of state and losing it on appeal.
[url="http://www.aoc.state.nc.us/www/public/coa/search/2000/evans_v._evans,_99-355,_05-16-2000.htm"]http://www.aoc.state.nc.us/www/public/coa/search/2000/evans_v._evans,_99-355,_05-16-2000.htm[/url]

I know this isnt what you wanted to read but hopefully you will find something in these cases that can assist you in yours.
  #3  
Old 10-26-2000, 08:49 AM
pat morgan
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Dear LadyBlu:
Thanks so much for replying. My nephew's name is on the birth certficate, but there has been no order establishing paternity.
also, there has been no visitation order set up, but they have been sharing custody of their daughter.
Right now, they share 2 days with one parent, then 5 days with the other, vice versa.
I have not heard from him within the past few days, but I did E-Mail your answer to me to my sister, which is the grandmother.
Thank you so much again.
At least this is a start.
God Bless
Pat Morgan
 



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