Q: I advocate and assist in finding proper representation for grandparents. Searching for a family lawyer
Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a conflict of interest speaking to the grandparents daughter who is attempting to cut her off . I have suggested the grandparent revoke the signed document , terminate her lawyer , deliver her revocation to the courts and continue her case in the court in which has given her full parental rights as her son died .
A:
Is this matter in New Jersey? If its not in NJ, I cannot speak to the laws of another state as to its handling of grandparent rights claims.
If the matter is properly in NJ, our firm has represented many grandparents in their efforts to remain involved in their grandchildren's lives and we have also represented an equal amount of parents opposing a grandparents claims - so im comfortable in our understanding of where the lines are drawn where relief is appropriate and where the relief sought is inappropriate. My suggestion is that you / the grandparents contact Angela of my office at 973-379-9292 to schedule a consultation with one of the partners in Diamond & Diamond to discuss the documents prepared by counsel and to discuss their rights to continue to have contact with their grandchild.
A: Thank you for your message. This is a terrible predicament for grandma. Lawyers are oftentimes imposing and unnecessarily demanding. It sounds like you have given her the correct advice, however, if she already signed the document I’m sure the lawyer has filed it with the court. She needs to contact the court where the adopting party has filed the case and ask to be heard at the time of the adoption proceeding. At that time she can advise the judge of how she was forced into this and retract her consent. In the meantime you can contact the family division in the county where the adoptive party resides and ask for the docket number on her case. Then grandma can write a letter to the court as to the situation. I hope this was helpful to you.
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