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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23467
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Here is my situation. Going to court again on next Wednesday

Customer Question

Here is my situation. Going to court again on next Wednesday September 28.. The Department of Social Services is siding with us because the other grandparents and their lawyer want this case dismissed. You see the father last year died and then June of this year the mother died. I was told that since both parents are dead the child is considered a orphan and their temporary order is null and void so why is the child still residing with them. The Department of Social Services says that the child will stay in their care until a permanent custody order is established and they will be watching over them till then and I get visitation. Their lawyer has been delaying the court case, wants case dismissed, and their clients refuse to sit down with me to reach an agreement. Just want any assistance in this matter. I wanted the case to be heard in the summer but their lawyer kept delaying it and also the grandparents have the child enrolled in a private school and will lose their money if they withdraw her.
Submitted: 1 month ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 month ago.

Good morning. Can you please share with me your relation with the child? Are you the other grandparent? Also, what is your question and the basis for the hearing this Wednesday?

Customer: replied 1 month ago.
I am the maternal grandmother. To decide where the child will live until permanent custody is decided since the old order of temporary custody is null and void. You see both parents are dead and the old temporary order had the child staying with the paternal grandparents. It is according to North Carolina they are supposed to try to work agreement with me and mediator but they refuse so what is my next recourse to do.
Customer: replied 1 month ago.
Also forgot to add is that child still supposed to be in their care.
Expert:  FamilyAnswer replied 1 month ago.

Thank you for the reply and I am glad to help. You want to be aware and keep in mind, when you appear, that the Judge is going to act in the best interest of the child. As such, you want to appear and be ready to present evidence and testimony, to show why it is best for the child to reside in your care and custody. If the other party is refusing to work with you, you need to also bring this to the attention of the Judge, who can order and compel mediation in this matter, so a third party can sit down and try and help to resolve this. If not, then the Judge will step in and decide the temporary custody order, based upon the arguments presented by both parties.

Expert:  FamilyAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Expert:  FamilyAnswer replied 1 month ago.

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