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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
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I have a serious legal question and I hope you can help. Right

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I have a serious legal question and I hope you can help. Right now my daughter has vanished however we have a detective on the case trying to find here however she left the two year old baby at the boyfriend's parents us. They were not let us see or talk to the baby and even pushed us out of their house. Also we have helped raised the baby since it was born and have a second house in which she grew up in. I do not like the woman however we never stopped her from seeing the baby or taking her anywhere however she probably told the baby that we are dead. Is there something I can legally to see the baby without her pushing at me and hanging up. I thank you for any assistance you can give with this matter. It would be grateful appreciated--I was thinking myself of getting a mediator if that is a good idea or not.
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Girl replied 6 years ago.

Thank you for your question.

Grandparents in North Carolina may be granted visitation in any order pertaining to custody of a child. See North Carolina General Statutes, Section 50-13.2. As such, you may file a petition in court for custody and/or visitation of the child. With a court order, the other grandparents may be held in contempt if they try to keep you away from your grandchild.

Mediation can be a very useful tool if the other grandparents are willing to attend and/or resolve this issue. To the extent they are not willing to go through the process, mediation may be a waste of time.

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Customer: replied 6 years ago.
So in other words I should try mediation first with them and if that does not work petition the court for visitation rights. I was wondering though do his parents have to show up in court when we make the petition. Also will there be specific instructions on the visitation like every other weekend and if the parents try to stop us can they be arrested.
Expert:  Law Girl replied 6 years ago.
Whether you should try voluntary mediation depends on what their thoughts are on mediation.

To the extent that you make a petition, they are not obligated to show up in court unless thy want to fight your petition. If they do not show up, then by default you may end up with custody. You will however, have to serve them with a copy of the petition so they have notice of the proceeding.

If custody is shared or visitation rights are granted, the court is likely to make specific orders granting visitation or custody rights at specific times. That makes the order easier to enforce between the parties.
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