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I received an emergency child custody order for my grandosn…

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I received an emergency...

I received an emergency child custody order for my grandosn in North Carolina where he lives and took that order to the Florida courts where his father lives and filed the unified custody act papers to have the jurisdiction moved to NC. The father opened a case for paternity rights in FL and held the child against our wishes. The court yesterday late afternoon ordered a hearing for today late afternoon. I am not prepared for a hearing. I thought there was no question of North Carolina jurisdiction. Should I secure an immediate attorney to accompany me to the hearing? Should I print our supporting docs for my case? Or should I just show up and request the change of venue?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida. I said in my note.

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes I sought info on line from just answer, retained and attorney in NC and consulted with an attorney in FL. They both assured me that NC had jurisdiction.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The reason I had custody and sought legal custody in NC is because my daughter realized she had an opioid drug problem and sought help and treatment. She signed over pOA and care for the child to me when the problem began. When in a 28 day program for recovery, I took my grandson to the father in Florida for a week so that I could attend the family program at the rehabilitation center. The father called the night before he was to bring the child back to say he had filed for paternity rights and was keeping the child in Florida. So I took legal counsel then, secured emergency custody and now I have this unexpected hearing.

Submitted: 8 months ago.Category: Family Law
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Answered in 1 minute by:
10/31/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,864
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer reply replied 8 months ago
Btw the petition the father filed is against my daughter. (My court order is against both the father and mother.) My petition in Florida is against the father. So this judge wants to address both cases at this hearing and my daughter isn't here. While the father had said he was filing, when I filed in NC we could find no open cases in Florida. The hearing through me for a loop. I did not bring documentation to support my daughter against the father nor really even me against the father.
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

You actually should not be pursuing this case without an attorney in FL, these cases are not simple. Yes, NC should have jurisdiction under the Act as that is the residence of the child and primary custodian and the state to first take jurisdiction, but these Child Custody Enforcement Jurisdiction Act cases confuse many courts as well as some attorneys so you need to get a seasoned attorney in FL in the area where the case is being heard, because home local attorneys are the best in FL with the judges.

I will tell you though that ever since the US Supreme Court ruled in Troxel v. Granville, 530 U.S. 57 (2000) that parents had a constitutional right to their children, courts have had a hard time leaving custody with grandparents. So you have an uphill battle here and it will be an emotional one, so you do need a local attorney to represent you in the hearing and get jurisdiction back to NC where you can prove that your daughter is competent and fit to retain her custody.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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