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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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had a 756 court order between a maternal aunt and my paternal

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had a 756 court order between a maternal aunt and my paternal grandchilden and it was closed court refuses to answer why it was closed i need to know how i can reopened and i will like to get the court order reopen and i want to be able to legal advise on how i can do this.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

Can you pls tell me more about the situation? I need a little background.

Customer: replied 6 years ago.
I was the custodian for my son 2 children the mother died the father my son was incarserated at the time and still is he was dismissed or even considred as the next of kin . sept 27,2007 isent the children to school as usual only to find out the judge of our court system had allow the maternal aunt to remove the children by meansof a ex parte court order and was allowed to take the children to baton rouge la. they felt my family was not good for the children.they had only meet the children 1 week before the court to take custody we had such a horrible time the kids were 6 and 4 years old we had mediation but always everthing but what was the best thing for the children i knew them for all of their lives but a court felt it best to seperate them from us. we entered into a temporary custody agreement 756 court stipulation,the custodians have honored it one time 3 years ago. the case was closed when i had to go to la. to respond to a strong arm summon.which took place the very same day the fl. court closed without my son and i been notified i had a friend who was my lawyer amnd i guess you just say he did not work for me oh by the way he was the lawyer on record he was pro bono he told me that the juridiction would remain in the state of fl. but the judge has closed the case the lawyer on file will not give me an answer the courts will not hear or reopened the case we have not seen or heared from the custodians will not talk to me or my son and we know or cannot speak to the kids i have no more money to spend for defense i just need some to help me reopen the case i miss my grands i have no money because i spent a small fortune going back and forth to la. lawyers,court fees plane fares hotel ect.thank you ido hope you can help or can set me into some good direction.
Expert:  Ely replied 6 years ago.
I understand. What you have to do is to file a Motion for Modification, since it is too late to appeal or for motion for re-consideration. But once you do file it, you'd be able to have the Judge review the custody.The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

If you can convince someone that you'd be a better custodian based on this, you would get them back.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

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