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    donnacampbell's Avatar
    donnacampbell Posts: 1, Reputation: 1
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    #1

    Apr 2, 2008, 01:43 PM
    How to get custdy of granddaughter
    Hello I live in SC, I would like to know how to apply for custody of my granddaughter, or apply for physical abandonment, we have had our granddaughter off an on for 6 years she has spent all this school year with us, in her mothers care she was molested an has watched her do crack on and on , we had to go get her in va last aug because her mother was in jail an she left her with a man she met on the internet ,
    She claims she is coming back to get her again , we wouldn't care if we knew she be safe ,we have don't have a lot money to hire a lawyer, thanks for any help
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Apr 2, 2008, 01:48 PM
    § 7B‑500. Taking a juvenile into temporary custody; civil and criminal immunity.

    (a) Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained. A juvenile may be taken into temporary custody without a court order by a law enforcement officer or a department of social services worker if there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order. If a department of social services worker takes a juvenile into temporary custody under this section, the worker may arrange for the placement, care, supervision, and transportation of the juvenile.

    (b) The following individuals shall, without a court order, take into temporary custody an infant under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant:

    (1) A health care provider, as defined under G.S. 90‑21.11, who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center.

    (2) A law enforcement officer who is on duty or at a police station or sheriff's department.

    (3) A social services worker who is on duty or at a local department of social services.

    (4) A certified emergency medical service worker who is on duty or at a fire or emergency medical services station.

    (c) An individual who takes an infant into temporary custody under subsection (b) of this section shall perform any act necessary to protect the physical health and well‑being of the infant and shall immediately notify the department of social services or a local law enforcement agency. Any individual who takes an infant into temporary custody under subsection (b) of this section may inquire as to the parents' identities and as to any relevant medical history, but the parent is not required to provide the information. The individual shall notify the parent that the parent is not required to provide the information.

    (d) Any adult may, without a court order, take into temporary custody an infant under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant. Any individual who takes an infant into temporary custody under this section shall perform any act necessary to protect the physical health and well‑being of the infant and shall immediately notify the department of social services or a local law enforcement agency. An individual who takes an infant into temporary custody under this subsection may inquire as to the parents' identities and as to any relevant medical history, but the parent is not required to provide the information. The individual shall notify the parent that the parent is not required to provide the information.

    (e) An individual described in subsection (b) or (d) of this section is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of any omission or action taken pursuant to the requirements of subsection (c) or (d) of this section as long as that individual was acting in good faith. The immunity established by this subsection does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. (1979, c. 815, s. 1; 1985, c. 408, s. 1; 1985 (Reg. Sess. 1986), c. 863, s. 1; 1994, Ex. Sess. c. 27, s. 2; 1995, c. 391, s. 1; 1997‑443, s. 11A.118(a); 1998‑202, s. 6; 1999‑456, s. 60; 2001‑291, s. 2.)
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    Apr 2, 2008, 01:49 PM
    § 7B‑502. Authority to issue custody orders; delegation.

    In the case of any juvenile alleged to be within the jurisdiction of the court, the court may order that the juvenile be placed in nonsecure custody pursuant to criteria set out in G.S. 7B‑503 when custody of the juvenile is necessary.

    Any district court judge shall have the authority to issue nonsecure custody orders pursuant to G.S. 7B‑503. The chief district court judge may delegate the court's authority to persons other than district court judges by administrative order which shall be filed in the office of the clerk of superior court. The administrative order shall specify which persons shall be contacted for approval of a nonsecure custody order pursuant to G.S. 7B‑503. (1979, c. 815, s. 1; 1981, c. 425; 1983, c. 590, s. 1; 1998‑202, s. 6; 1999‑456, s. 60.)
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Apr 2, 2008, 01:50 PM
    § 7B‑503. Criteria for nonsecure custody.

    (a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and

    (1) The juvenile has been abandoned; or

    (2) The juvenile has suffered physical injury or sexual abuse; or

    (3) The juvenile is exposed to a substantial risk of physical injury or sexual abuse because the parent, guardian, custodian, or caretaker has created the conditions likely to cause injury or abuse or has failed to provide, or is unable to provide, adequate supervision or protection; or

    (4) The juvenile is in need of medical treatment to cure, alleviate, or prevent suffering serious physical harm which may result in death, disfigurement, or substantial impairment of bodily functions, and the juvenile's parent, guardian, custodian, or caretaker is unwilling or unable to provide or consent to the medical treatment; or

    (5) The parent, guardian, custodian, or caretaker consents to the nonsecure custody order; or

    (6) The juvenile is a runaway and consents to nonsecure custody.

    A juvenile alleged to be abused, neglected, or dependent shall be placed in nonsecure custody only when there is a reasonable factual basis to believe that there are no other reasonable means available to protect the juvenile. In no case shall a juvenile alleged to be abused, neglected, or dependent be placed in secure custody.

    (b) Whenever a petition is filed under G.S. 7B‑302(d1), the court shall rule on the petition prior to returning the child to a home where the alleged abuser or abusers are or have been present. If the court finds that the alleged abuser or abusers have a history of violent behavior against people, the court shall order the alleged abuser or abusers to submit to a complete mental health evaluation by a licensed psychologist or psychiatrist. The court may order the alleged abuser or abusers to pay the cost of any mental health evaluation required under this section. (1979, c. 815, s. 1; 1981, c. 426, ss. 1‑4; c. 526; 1983, c. 590, ss. 2‑6; 1987, c. 101; 1987 (Reg. Sess. 1988), c. 1090, s. 3; 1989, c. 550; 1998‑202, s. 6; 1999‑318, s. 4; 1999‑456, s. 60.)
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Apr 2, 2008, 01:53 PM
    § 7B‑1104. Petition or motion.

    The petition, or motion pursuant to G.S. 7B‑1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile"; and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state:

    (1) The name of the juvenile as it appears on the juvenile's birth certificate, the date and place of birth, and the county where the juvenile is presently residing.

    (2) The name and address of the petitioner or movant and facts sufficient to identify the petitioner or movant as one authorized by G.S. 7B‑1103 to file a petition or motion.

    (3) The name and address of the parents of the juvenile. If the name or address of one or both parents is unknown to the petitioner or movant, the petitioner or movant shall set forth with particularity the petitioner's or movant's efforts to ascertain the identity or whereabouts of the parent or parents. The information may be contained in an affidavit attached to the petition or motion and incorporated therein by reference. A person whose actions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and the conception of the juvenile need not be named in the petition.

    (4) The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.

    (5) The name and address of any person or agency to whom custody of the juvenile has been given by a court of this or any other state; and a copy of the custody order shall be attached to the petition or motion.

    (6) Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.

    (7) That the petition or motion has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the General Statutes, the Uniform Child‑Custody Jurisdiction and Enforcement Act. (1977, c. 879, s. 8; 1979, c. 110, s. 8; 1981, c. 469, s. 23; 1987, c. 550, s. 15; 1998‑202, s. 6; 1999‑223, s. 7; 1999‑456, s. 60; 2000‑183, s. 5; 2004‑128, s. 14.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    Apr 2, 2008, 04:09 PM
    If you have never had any legal custody, you will need an attorney and it will be a long and hard fight, you will have to show and prove that the mother ( where is the father? ) and father are a danger to the child.

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