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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4823
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My daughter is in a rehab in New York and doing really well.

Customer Question

My daughter is in a rehab in New York and doing really well. The paternal grandparents decided that they need to have custody of my daughters son and so they filed a motion for custody in New Jersey in Hunterdon County. I want to enter as a third party but not sure how, I have represented myself in the past and have done pretty well when it came to Family Court. Is it as simple as filing a motion...."Motion to Enter as a Third Party" with the docket number etc. There are some specifics. We all agreed when my daughter decided to enter in to a 13 month in patient program that no one wanted custody of her child. That we would work together to watch her son and include him in her recovery process. Her choice now is to leave and take her son from them or stay in the program and in her mind risk losing her child.
Also, there have never been any type of proceedings regarding neglect or abuse of her child. For some reason, the paternal grand parents waited until she is invested in this program (Teen Challenge) to try and take custody of her child.
Submitted: 2 years ago.
Category: Family Law
Expert:  Chris T., JD replied 2 years ago.
Hello. I'll be happy to assist you.
Technically, you don't have standing if you aren't seeking some type of custody. You basically have two options: 1) have your daughter respond to the motion, at a minimum to ask for a delay in the proceedings until she can be release from treatment, or 2) file a motion in the same case seeking to be appointed temporary guardian. At least you could enter the proceedings through that motion and make it clear to the court what the agreement was before your daughter entered rehab. Either way, however, your daughter is a necessary party to this lawsuit (assuming she's over 18). If she's still a minor, you can essentiall stand in her shoes and file motions on her behalf.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.

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