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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 7404
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My daughter died as of june 3 2016 her boyfriend committed

Customer Question

my daughter died as of june 3 2016 her boyfriend committed suicide last year june 2015 right now the boyfriend's parents have temporary custody but since my daughter died i was told that this order is null and void is the child still supposed to be living with them we have not seen the child for over one year
JA: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?
Customer: no the boyfriend committed suicide last year and my daughter died this year the boyfriend's parent have temporary custody of grandchild was told since both parents are dead that the order is null and void have not seen child for over one year now
JA: Okay. Let's try this again. How can I help you? What state are you in? It matters because laws vary by location.
Customer: north carolina
JA: Has anything been filed or reported?
Customer: we have a court date of sept 14 2016 however from what we have seen the grandparents still have her and enrolled her in a private school
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Family Law
Expert:  Irwin Law replied 1 year ago.

Hello and thanks for using JUST ANSWER. I'm sorry to hear about your family's recent tragedy. The temporary custody order which was in place prior to your daughter's death was not voided by her death. The court that issued it still has jurisdiction over the child. In order to change that, or to seek visitation rights, you will have to petition the court for that.

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