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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9080
Experience:  since 1983
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Is it illegal to force grieving family members to visit the

Customer Question

Is it illegal to force grieving family members to visit the scene of the crime when you are suspected of murder on the day of the funeral in any state at all my brother was recently found dead Tuesday morning and the residents in which he was found are being investigated do to foul play and different stories one of the suspects attended the funeral in order to bring my brothers son to us while there we forced are selves to be civil while she belittled us saying we were never there no one said anything about my brother demise when this suspect blew and said we would never see uis so again no ones gona tell that baby they killed his dad but no one had even mentioned it we were grieving and again being civil. Now she is forcing my mother to bring the child to the scene of the crime and has stated she moving to Florida with her kids and wants to walk my mother and sister through the crime scene with other suspects.
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
No one is required to visit a crime scene unless ordered to do so by a Judge.
Bringing a child seems extremely inappropriate.
No one is required to speak with the police, and most lawyers will tell you not to do that under any circumstances unless you have an attorney present. You have nothing to gain by speaking with them.
I hope this information is helpful.
Customer: replied 1 year ago.
To be honest were being into this situation to to the mother of my brother son being locked up and having to prove he's my brothers kid if we don't mind are manners my nephew family can restrict us from seeing him the police have this family under investigation and explicitly said do to the child being involved it would be best to pretty much walk on egg shells till the autopsy come back and the suspects are apprehened
Customer: replied 1 year ago.
An attorney was present and agreed for the time being theirs nuthing we can do without running a high chance of never seeing my brothers kid again we have requested DNA again and she stated she would move to Florida before we took the baby away but we haven't tried to she flipped out at his funeral and threat end to take his kid and we had to deal with it
Expert:  N Cal Attorney replied 1 year ago.
I don't understand the situation.
Do you have a specific question?
Was your brother named on the birth certificate?
Customer: replied 1 year ago.
I'm sorry multiple questions he was on the birth certificate but she had the court order DNA before he passes he had just saved the money for DNA when the girl gave her mother power of attorney the my brother was found dead 3 days after she was arrested for heroin and spending time with their son his sons other family is suspected because his neck was broke and they lied about him being there and who vehicle he was found in .I'm going to quit asking question sorry if I've waited your time
Expert:  N Cal Attorney replied 1 year ago.
You are not wasting my time, I'm here to try to help.
His name on the birth certificate makes him legally the father. Since he died, his parents and other relatives can ask the Court to grant them formal visitation rights, see
http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Ohio.htm
The statute is posted at
http://codes.ohio.gov/orc/3109.051
They could also ask for custody if they can prove that the mother is unfit. If she killed the father, that would presumably convince the court that she is not fit as a mother.
You can keep asking questions until you are satisfied (within reason, obviously I can't afford to answer 50 questions in one thread).
I hope this information is helpful.

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