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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Here is my situation. My daughter just died over a week ago

Customer Question

Here is my situation. My daughter just died over a week ago so now my grandchild has neither a father and a mother. At the moment the father's family has temporary custody of the grandchild. We have not been able to see the child for over a year because they have threatened to have us arrested if we try to see her. We have tried to get custody and file with the courts but the lawyer got the case continued then dismissed. We asked a few lawyers could we have the case moved to another county but they said no. We feel if moved to another county we would get a fair shake. For all of seven years we have been supporting the child except for this past year. Is there anyway possible to have the case moved.
Submitted: 5 months ago.
Category: Family Law
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist. First, I'm sorry about your daughter. That is a difficult situation in and of itself.....so I know this is just adding to the stress.

As for your question, the only court that has jurisdiction over the case is the court for the county where the child lives. Thus, if that's where the case currently is, then it could not be moved somewhere else. It could be possible to have the judge recuse himself/herself IF there is proof of a bias or reason that the judge can't be fair and impartial. Barring grounds such as that, there'd be no way to have the case transferred.

Expert:  Roger replied 5 months ago.

The best thing you could do is apply for custody and/or visitation and create a bond with your grandchild.....and if you're not awarded custody, then seek a change in custody after a year or so of re-connecting. The main thing you can do is establish a bond with the grandchild and make her want to move in with you.......as the court usually will do what the grandchild wants when all other things are equal.

Customer: replied 5 months ago.
You see if we do not get custody by August 1 of this year the fathers parents will have permanent custody. These grandparents have threatened with us being arrested that is why we have not been able to see the child. We even tried presenting the case ourselves but their lawyer wanted us to pay their fees, and had the case dismissed. We now have a lawyer who said we might have a pretty good chance of custody if possible. We just hate seeing what the grandparents are doing to her. The grandmother even put her dead brother into my grandchild's arms.
Expert:  Roger replied 5 months ago.

Custody is never permanent......it is always subject to modification. Thus, even if the other parents obtain custody now, you can work to change that if you can display a material change in circumstances --- which can include the preference of the child.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting.

Customer: replied 5 months ago.
It is not that. In fact the grandparents were supposed to bring the child to us in which they never did. They have a high priced lawyer and will even vanish once they get custody. We will never ever get to see child again. Even the grandmother said that before.
Expert:  Roger replied 5 months ago.

You can if you file for visitation and the judge grants it -- which he/she should given that the both parents not in their lives any longer. If you get visitation rights, the other grandparents are required to allow the visitation ordered by the court.

Customer: replied 5 months ago.
You do not know the grandparents. Them and their lawyer will prevent it no matter what. They will vanish and make us pay their lawyers fees.
Customer: replied 5 months ago.
For all we know they might have left the state alrighty.
Expert:  Roger replied 5 months ago.

All you can do is try or not try......but the only way you can gain any rights is to file in court for visitation and let the judge decide the issue....However, judges generally want the child to have a relationship with all family members/relatives.

IF they've left the state, you can file a petition in another county/state --- so you may get what you want.

Customer: replied 5 months ago.
we are talking to a lawyer tomorrow. we already wasted too much money. if this one cannot help us and if so be we will never get to see grandchild again. it is just hopeless. cannot battle that family and their high price lawyer. they will violate the law and the judge will rule with them and against us. we even asked in the court to see the child and the judge blew us off and their lawyer gave a smurck on her face and the bailiff told us to shut up. no justice there. oh well. nothing more can be done. this grandmother even had us stalked and the court laughed at us. so you see justice is blind.
Expert:  Roger replied 5 months ago.

It's best to hire a lawyer and level the playing field. Again, all you can do is try to gain rights through court....and since you're limited to the jurisdiction of the child's place of residence....you'll have to do the best you can with the court you're in.

Expert:  Roger replied 5 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!