Grandparent raising grandson

I'm sorry to tell you this but if his mother tries to get him back there is really nothing that you can do about it. I know that in some situations thats a terrible thing to consider but that is how the law works. You might have gaurdianship or custody but the birth mother or father will always win. Unless you can prove that she is CURRENTLY not fit due to mental illness or drug abuse. All she needs to do is take some parenting classes and get a free lawer and theres nothing that can be done. However they wont just hand him over to her it will start out with supervised visits then every other weekend then weekends until she gets full custody.

You need to file a formal petition with court asking them to grant custody. You may want to contact a family law attorney for help with this. If you can't afford one, ask your court clerk about legal aid in your area. You may also want to contact DCS about this as if she has abandoned him for this long, they will have something to say about how or if she gets to see him.

My personal experience in North Carolina has been that if the biological mother comes back in the picture and wants the child back, she is going to get the child back. Unless you can prove that she is unfit, which is almost impossible to do. All a mother has to do in this state is tell the judge she has changed and she will get her kids back over and over again.