Legal Question in Family Law in North Carolina

Intervene

My brother and his wife are going

through divorce and have three

young children ages of 7, 5 and

almost 3. My nieces and nephew

spend 5 days with their mon and 2

days with their dad as postseparation

agreeement. Their mother has

emotional issues/depression and the

kids dread going back to her. She

verbally abuses the kids and

constantly yells and screams at

them. Due to the downturn in the

economy my brothers income has

significantly reduced. their mother

does not work and refuses to work.

The kids need therapy and a

supportive and stable home

otherwise they will be scarred for life.

Is there anyway that I can intervene

and get the custody of the children at

the time of divorce or earlier. My

state of residence is different form

theirs.


Asked on 4/05/09, 5:53 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Intervene

This is not intervention as much as it is pursuit of guardianship, indeed a complicated situation unless there are extraordinary facts, especially if you are from a different state.

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Answered on 4/05/09, 9:38 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Intervene

If either parent is fit -- not perfect, but fit -- his or her Constitutional right to raise the children outweighs any claim you may have that they would be better off with their aunt.

In plain words, to intervene, you must file a guardianship petition in the home state of the child (if Massachusetts), or whatever type of petition might be used in another state. You must then prove by CLEAR AND CONVINCING evidence (more than a preponderance, less than "beyond a reasonable doubt") that NEITHER parent is fit. This is a high standard, and will be an expensive litigation. The odds are very good that you will not succeed without more than you have expressed in your brief question.

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Answered on 4/05/09, 3:00 pm


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