Evidence Needed in Grandparent Custody
Drum v. Drum, 2022-NCCOA-448.
Facts: Plaintiff is the maternal grandmother of a minor child. Defendants are the biological mother and father of the minor child. Notably, Defendant Mother was not a party to the appeal; only Defendant Father appealed.
The minor child at issue in this custody case had been living with Plaintiff since she was six to eight months old. Defendant Father visited the minor child less after Defendant Mother and the minor child moved in with Plaintiff. Defendant Mother had a drug problem and was not present for extended periods of the minor child’s life.
Plaintiff and her ex-husband were the primary caretakers for the minor child. They handled schooling, homework, vacations, etc. Defendant Father was a truck driver who was on the road most days during the week. He had never been a consistent presence in the minor child’s life. He also accumulated over $10,000 in child support arrears. Defendant Father never sought custody or visitation until court proceedings began.
Plaintiff filed for custody and was awarded primary physical custody and joint legal custody. Defendant Father appealed. Continue reading →