Two questions


#1
quote:
[i]Originally posted by justasking[/i] [br]I have two questions.... #1 Can temp custody be awarded by default when the defendant was not served due process for hearing?

#2 Is it a common practice to give “temp custody to a parent” that is on military leave ( not in the court papers) and that parent is letting the grandparents raise the child , given grandparents the right to control the contact that the child and ncp have? to make this short ( ncp is following all rules, trying to get money for attorney, so false accusations will be proven)


sorry I meant WILL NOT BE PROVEN!!

#2

I dont know if this helps but I would go to the magistrate or clerk of court and tell them your story. It can not be healthy for grandparents to raise a child when there is a fit and proper parent ready and willing.

Why would he even be granted temp custody? I am assuming it was emergency temporary custody…what was the emergency? When did you get the papers, and when was the court date?


#3

If you havent been proven unfit… I would call the police and go pick up your child. They wont get involved if it is the 2 parents fighting for the child, but surely they will help a parent get his/her child from a non-parent.

Does the judge know that the grandparents are raising your child?


#4

I am asking these questions for someone who doesn’t have a computer and is desperate for help doesn’t have the money for an attorney and trying to go pro se in the matter.
both was seprated (but not legally) . He had to go on military duty for a few months,and she took their child over to his mother’s (which they got along good,so she thought) a day before she knew he was coming home…as so both child and dad could spend some time together… dad found out she was seeing someone else …well dad and grandmother had a ex parte saying she abandoned the child… got emergency temp… but didn’t receive the hearing papers… only got the court order papers after the hearing was over… now trying to get the right papers filed to go pro se… and what I don’t understand is if a child fate is handled in a matter of a 20 min ex parte … doesn’t anyone the judge (specially) ever have the person he give the emergency custody checked on ( like said place where the child lives… is child still there… and being in the military can parent just move child… ( guess cause he is in the military he can do no wrong)


#5

do you have an email?


#6

In NC a seperation is considered “legal” when the 2 parties are no longer living in the same residence, and 1 party has made it clear that he/she no longer wants to live as husband/wife. No special papers need to be filed.

  1. How long was the child with the grandmother before the court date? How long has the grandmother had the child at her house?

2.How often is the mothers visitation? (according to the court order) Does she always see her child on the scheduled visitation?

  1. Does the judge know the grandparents are raising this child?

#7

Dear justasking:

  1. No, if there is no service, then there is no default judgment

  2. There is no common practice, but I have heard of this happening before. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

I have two questions… #1 Can temp custody be awarded by default when the defendant was not served due process for hearing?

#2 Is it a common practice to give “temp custody to a parent” that is on military leave ( not in the court papers) and that parent is letting the grandparents raise the child , given grandparents the right to control the contact that the child and ncp have? to make this short ( ncp is following all rules, trying to get money for attorney, so false accusations will be proven)