My parents have filed a Motion for Intervention in my recent custody case. They are seeking custody and/or visitation with my child and are siding with my ex in the custody case. They recently filed charges against me with DSS and I was cleared of all charges with no follow up required. As a fit mother in an intact family with my son, what arguments would the grandparents have to intervene?
Country relating to Question: United States
State (if USA): North Carolina
Hello, how are you today?
So your parents have have filed a motion for intervention in your custody case between you and your ex?
Has the judge ruled on the motion yet?
no, we go to court tomorrow
Is there a hearing?
I have prepared a motion for continuance because I was not served notification of the hearing properly and just heard about it before the 4th.
hearing is scheduled tomorrow at 9
I understand. Ok, I will represent to you that it is extremely difficult for grandparents to assert grandparents rights in a situation where both parents are still alive, not incarcerated, and are present and active in the children's lives. In most situations, the motion for intervention, without overt allegations of abuse and neglect or a present and immediate danger to the children were they to be placed with the parents, are unsuccessful.
So my argument is that I am a competent parent and my parents have no reason to interfere. Both of my parents are getting old and infirm, should that be brought up in motion?
I would first argue to the judge that you are a competent and fit parent to raise the child. That you are both active and willing to raise the child, and that the Court prefers that the child reside with the biological parents over other family members. I would further argue that you provide a stable financial environment and a stable home in which the child can be raised.
Further, that you have had no issues with DSS other than the meritless actions filed by your parents, and that you believe they are colluting with your ex to acquire visitation rights to your child.+
I just received affidavits from my parents attorney with statements from both my parents. Can those be used in court? Or must they appear and testify. Seemed sketchy to me.
Well affidavits are sworn statements as they are notarized. I would simply object to their admission as evidence, as the individuals who made those statements are available to come to court for cross examination.
I like the line about colluding with my ex.
You just need to make it appear to the judge that you are fit and proper parent, and that this is an attempt to circumvent the rights of the biological mother (you).
Do not harp on their attempt at conspiring, but about your positives.
Do you have any other questions today?
Remember, if you feel that I have adequately answered your questions, please provide a positive rating by clicking the smiley face and clicking submit.
Thanks and good luck!
I am well equipped to handle any family law problem you might have.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).