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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100453
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Went yesterday for a mediator orientation meeting and the

Customer Question

Went yesterday for a mediator orientation meeting and the paternal grandparents that have temporary custody of grandchild did not show up. It was told they would be of contempt of court and it would be sent to the court awaiting a answer. I was just wondering though since the child is considered a orphan now since the father died last year and the mother recently died June of this year do they still have the right to have the child in their home and enroll her in school since both parents are dead.
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. See HERE. This is called third party custody standing. In NC, the Court allows them to request/get custody if they have a "parent-like" relationship with the child, even if they are not biological parents.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 5 months ago.
that means I cannot get custody even though I raised the child from birth to seven years old
Expert:  Ely replied 5 months ago.

No... not at all. This means that they can request custody. However, the final decision for custody is for the Court. You - having raised the child - may also claim the same doctrine for standing and ask the Court for custody as well.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
They have temporary custody under false pretenses and have alienated her from me for over a year, making threats to me, and when the mother was alive would not let her see her before she died.
Expert:  Ely replied 5 months ago.

That is something you will need to argue to the Court. 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. Also of course the Court will consider how close the child is to both parties.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
what happens if a decision is not made in who has custody before she goes back to school? Do they get to do it?
Expert:  Ely replied 5 months ago.

The Court may issue temporary orders to determine who will be the temporary custodian while the suit is pending. (That can also be modified, if needed.) It sounds like they may have temporary custody. In any case, the temporary custodian would have the choice for educational matters, but you can still ask the Court to overrule it, and/or, request that they discuss the choice with you, etc.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
I was told the temporary order ended when the mother died June 3 and that the lawyer said the child is considered a orphan. So how is custody decided if even the grandparents did not want to go to a mediation training session and they are held in contempt. Does that affect anything.
Expert:  Ely replied 5 months ago.

Yes and no. Overall, them not attending does not immediately have them "lose" the case. However - this and other repeated acts of refusing to follow court orders and generally being very difficult to deal with may swing the decision in your favor in the eyes of the Court since the Judge is human too, and subject to a degree of emotion in their consideration.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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