Winston-Salem Family Law Team
Type of Case: Third-Party Custody
Case Result: Opposing party’s claim for custody dismissed
County: Forsyth County

Our family law team recently helped a woman fight for custody of her child after being incarcerated for six years. While incarcerated, the woman’s cousin attempted to take custody of her child. The cousin hadn’t been in the child’s life for very long. Yet, she refused to give the child back to the mother after the mother’s release from prison.

Our client, the mother, had worked extremely hard during and after her incarceration towards her rehabilitation. She wanted to make a better life for her and her child, and she was not about to give up that easily. So she reached out to our family law team for guidance on a third-party custody case.

Third-Party Custody in NC

Our team knew the mother could potentially lose her constitutionally protected rights as the natural parent of her child. In North Carolina, for a third party to gain custody of a child, they must first prove that the biological parent is unfit and has acted inconsistently with their constitutionally protected rights as a parent. However, there is currently no case law in North Carolina that dictates whether a parent’s incarceration does or does not automatically make that parent unfit. Our team had to overcome that lack of case law and precedent. The team had to prove to the Court that just because our client had been incarcerated did not mean that she was unfit.

Gathering Evidence and Going to Trial

Our client worked hard to turn her life around and maintain a relationship with her child, no matter how difficult the circumstances were. Our team made it evident in their arguments that the mother’s dedication to her child never wavered despite the circumstances. The Judge took a few days to consider the arguments and all of the evidence presented. In the end, the Judge ruled in our client’s favor. Our client now will have full custody of her child, and her cousin will no longer be able to try and exercise any custody rights to her child.

Child Custody Attorneys in Forsyth County

Our family law team urges parents in a similar situation to not give up. It may be a long fight in the courtroom, but it will be worth it. If you’re concerned about a third party trying to intervene in your custody case, contact our family law attorneys today.