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I have some questions on grandparents rights in ND if any.

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I have some questions...

I have some questions on grandparents rights in ND if any. My son passed away two years ago. after his death a child was born. We all were very involved in this childs life up to last August. We helped her move, had many diners, holidays, I gave her money, saw her every few weeks. In August, the mother found a new boyfriend and most all correspondence ceased. She doesn't answer phone, does not return texts, ect. To make matters unbearable the new guy is social media trashing my dead son, telling us we are just "family friends" and not grandparents, ect. a real ass to tell the truth. insecure to say the least. anyway I'm just here looking for some advise. Being nice while he trashes the dead is not working.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in ND family court?

Nothing, just try to be nice to show him we are not threats. But we have been screan shotting his rants on FB

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

Tried my business lawyer, he was not interested in helping.

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

This is a start.

Submitted: 5 months ago.Category: Family Law
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Answered in 5 minutes by:
3/29/2018
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,740
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience. I'm very sorry to hear about your situation. Unfortunately, no state allows for grandparent's rights until and unless a family court gives the parents rights through guardianship.

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

There is a way to get involved in the child's life though through the ND courts.

It's not out of the ordinary for adults to try to arrange for custody of children. To do this, you are going to need to get guardianship over the child. If you are looking to have legal rights over the child, then you must go through your state's court system. It typically starts with filing a petition, which is just a request through the courts to remove the rights of at least one of the parents in favor of you. Once you fill out the petition, you should make three copies: one to you, one for the court, and one to the other parties (typically the parents). It is critical to understand that the courts are bound to look at what is in the best interests of the child above all else. This means they will look into who and how the child’s health, education, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the kids cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge when you are dealing with the other side because you’ll be seeing this process through the court’s eyes.

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Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Regardless, once you have filed the documents, someone who is over 18 and not a party to the case will serve the document on the other party. They will have a chance to respond to the petition and they will serve you as well. The court will likely set a date where they will either order mediation or they will make a decision at that time. If you can’t agree at mediation or if the court decides it needs more info, then it is likely you would go to a trial where you can put on witnesses, provide your own testimony, and let the judge make a ruling after that. Those are less likely scenarios, but they come up on occasion.

The order is enforceable from the moment it is entered and if a party fails to abide by the order, then they are going to be held in contempt of court.

How else can I help you today?

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