Grandmother has entered a motion to intervene


#1

Hi I’m hoping to find out if I am about to lose my daughter. It seems like my ex wife and I no longer have any rights and we are going to lose our daughter.


#2

I’m hoping someone can tell me at least something… no one wants to give us answers.


#3

I need some help badly.


#4

I understand your fear and your concern, unfortunately you are asking questions I simply cannot answer. It is hard enough to give an assessment of custody to a client whose case I am completely familiar with, it is next to impossible to do so over the Internet. To tell you otherwise would be to do you a disservice. What I can say is to tell you that you should gather all the witnesses you have that can come to court and dispute her allegations. Take picture, get all the evidence you can that your home is a healthy and stable environment for the child. I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I understand what you mean. Thank you very much for the suggestions about taking pics and gathering witnesses, I’ll definitely follow through with that. I appreciate it! :slight_smile:


#6

I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

Normally I have my girlfriend write these posts for me because I work full time but I have the time to do so now.

My mother has now intervened between my ex-wife and I in the custody case. She got a legalaid attorney and filed for full custody, stating basically:

  • She’s had my daughter for over 3 years and it would be in her best interest to remain where she’s well adjusted

  • My ex wife and I supposedly hardly ever visit her, visit her sporadically whenever it’s ‘convenient’ for us, and months go by without us attempting to see her

  • We supposedly are not financially able to support our daughter

  • We supposedly lived with her and then my aunt for most of my daughter’s first couple of years of life before my mother gained temporary custody.

  • We haven’t followed court order and my ex wife did not go to see the custody evaluator over 3 years ago, although she did, and the custody evaluator also had to speak with my mother and the lady wrote out a bad report. I didn’t know at the time how badly my mother wanted to take my daughter, I thought she was on my side.

*My daughter is safe with her and not us

  • She doesn’t want us to have visitation unless the court deems it absolutely necessary and if the court does deem it necessary, then it should be supervised

My ex wife’s lawyer is still refusing to do the case and said there is no way he can argue against her because it seems as though we’ve waited 3 years to do anything, although that is not the case, my mother has kept it from going back to court for over 3 years. I know now that it was so she could use it against us later.

There was no mention of the other siblings involved, one of them being my son who is my mother’s grandchild obviously.

We have a pastor who said he will stand up with us in court and countless other witnesses who have seen us with our daughter prior to the temporary custody order and others who have seen my daughter with me unsupervised, which means my mom was breaking the court order, and we’ve got pictures.

It seems like we’re going to lose because we know it’s a bunch of lies but we don’t have the proof. We have no attorney. The only proof of our parenting abilities is that we have other children by different people who are happy and healthy and financially taken care of. We may not be rich but our children are clothed and fed. We have tried to see our daughter but she’s denied us, and we’ve got witnesses but she’s got my family as witnesses.

Is it likely I going to lose my daughter? Since she claims we don’t come see her although she is the one who has been denying us visits? And there are other children involved?

Am I going to lose my daughter?