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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111467
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son and s girlfriend gave birth to a beautiful baby girl,

Customer Question

Hello,
My son and his girlfriend gave birth to a beautiful baby girl, Kennedy, on October 7, 2015.
On November 13, the maternal aunt filed a bogus ex parte and gained temporary guardianship.
Myself, my son and the child's mother went to the court immediately asking for a hearing within 5 days.
That hearing was held November 17, 2015.
I was not allowed to speak. Both parents were given very limited time but the petioner was given more than half of the allotted time to speak. It was proven that the maternal uncle who is primary care giver of their children has a history of domestic violence and violent episodes of PTSD.
The allegations made against the parents are false. They alleged drug use and domestic violence. My son never raised his hand to any woman, he has no record of this or drug addiction.
Meanwhile the baby is unsafe at the maternal aunt's home. No decision has been made to date and its been more than a week.
Can I do anything? Both parents are willing to give me guardianship if necessary.
Please help.
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We cannot represent you or anyone from this site, it is forbidden by state law I am afraid. We can only answer questions about the next steps you need to take, which is going to include hiring local counsel to represent your son and the mother in this matter. If you wish to proceed with that understanding I am more than willing to provide information to you to at least point you in the right direction to proceed.
Customer: replied 1 year ago.
Absolutely
Customer: replied 1 year ago.
I just need to know if I can force the judge is make her decision or file a motion to intervene
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

These ex parte emergency hearings are very brief. They are not generally full evidentiary hearings. So your next step now is to file to have a full hearing for return of custody set. The US Supreme Court has held that the rights of a parent to their child is a fundamental right (basic civil right) which shall not be disturbed by the court unless there is clear and convincing evidence that the parents are unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).

So, now you need a local family attorney to represent your son and to file to set a full hearing by filing a motion for return of custody. The aunt will need clear and convincing evidence your son and his girlfriend are unfit. Additionally, at that hearing the attorney can prove that the aunt is unfit based on the domestic abuse issues and other issues you mentioned above and at the very least ask the court to order an alternative guardian if there is actual evidence your son and GF are unfit.

So, the next step is getting a full hearing with an attorney representing your son. Also, in the hearing if your son's attorney proves the allegations made by the aunt were false, then the court can make her pay the attorney's fees as well.

Customer: replied 1 year ago.
But we haven't got an answer yet from the November 17 hearing. Should we expect one soon? The next hearing is set for 12/11 that's too long
Customer: replied 1 year ago.
I don't think I have enough on my card to pay the additional $52
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, if no decision was rendered you have to wait for the next hearing. But that is the hearing you need a local attorney at to represent your son and GF.
You do not need to pay more, I did not send you a request for a phone call, the site did so automatically and the experts are not employees of the site and cannot stop the site from doing that despite our protests.
Customer: replied 1 year ago.
Okay thank you. So she doesn't have to render a decision? This whole case is so unfair. She told us she would render a decision on that hearing. Okay I will seek legal counsel. It's just not right that this infant is now in harm's way until the hearing. I don't know what I will do if anything happens to her
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

She has to render a decision based on the next hearing. Until then the situation remains the same.

If you have proof of immediate harm to the child, you can report that to child protection and they would have to investigate.

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