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I need to talk with an attorney regarding a child custody…

Customer Question
I need to talk...

I need to talk with an attorney regarding a child custody case.

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

In 2015 I was awarded custody of my grandson due to the parents being unfit. Now today my son has given me an ex-parte order for temporary custody. I am the only person he has known since he was 15 months old.

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in ohio

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

This came out of the blue I was recently hospitalized but am home now recovering

Submitted: 2 months ago.Category: Family Law
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Answered in 3 minutes by:
5/25/2018
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,120
Experience: Licensed to practice before state and federal court
Verified

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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 2 months ago
My grandson has been with me since he was 15 mos. old.
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

That's a very long time. I'm sorry to hear you're going through this. How could I help you today with this?

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Customer reply replied 2 months ago
I went to court in
Customer reply replied 2 months ago
I need to know what I need to do to keep custody of this child.
Customer reply replied 2 months ago
Both parents were deemed unfit by the courts in North Carolina.
Customer reply replied 2 months ago
This exparte order was a shock.
Customer reply replied 2 months ago
Is someone still here’s?
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

I can imagine. I think that there are some things you could do. There isn't like a specific legal procedure or thing that you can do other than understand what the court will want to help it make a decision.

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 one parent, 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. The point here is to get an order from the judge that helps the parties know exactly how much time and money they must spend with the child(ren).

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Customer reply replied 2 months ago
what steps do I need to take now?
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Do you know anybody who could serve as a witness for you on this?

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Customer reply replied 2 months ago
I have family all around me.
Customer reply replied 2 months ago
the answer would be yes
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Good news. Ok, if that is the case, the best thing that you could do right now is create a list of things that suggest that you are the better caregiver based on the child's health, welfare, and educatino. What I mean by this is that you should maybe highlight the times that you've taken the child to the doctor, the relationship you've developed with their doctor or other provider, you should highlight how the child's grades are in school and how you get the child ready for school every day. You could explain as well that if the child has built up relationships with family and friends through you, then that would be a reason why it would be in the child's best interests to stay with you. You could also explain why it would not be in the child's best interest to stay with the parent as well, perhaps based on their past history of maybe drug use or alcoholism, if that is an issue. Does that make sense?

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Customer reply replied 2 months ago
It does make sense..but is there any kind of paperwork that I need to submit somewhere?
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

You could submit an answer to this claim if you're aware of it. Many times, ex parte just means "one-sided" meaning that the other side wants a decision without your input, but if you've been served, you could submit an answer to this petition and advise the court of all of the reasons why it would be a bad idea to give him custody back.

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Customer reply replied 2 months ago
Does this need to be done with a phone call or do I need to go somewhere?
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

You'll need to submit an answer to the courts. You could get started with 28-line pleading paper. I've attached a copy for you to get started. Go to the court, file it, take a copy and have it served on the parent, and then you'll have to wait for the judge to either call or a hearing or make a decision and let you know in writing.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 2 months ago
You have sent the documents here or to my email?
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

My apologies. Did you receive it?

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Customer reply replied 2 months ago
Got it, thanks
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Excellent. Did you have any other questions for me today??

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Customer reply replied 2 months ago
No, thanks
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

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