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Hi,

There are a couple of questions that need to be answered here regarding your post:

1. When did you first have notice of the hearing for the DVRO?

2. What were her specific allegations that would entitle her to a DVRO?

3. Was your partner present at the DVRO hearing or did his ex-wife request an emergency ex-parte hearing?

4. You did not say whether or not the order was approved.

As far as I know, having an attorney does not mean you have to use him or her.

I'd be to help some more but I would definitely need an answer to those questions first.  You can private message me as well.

~L.

Hello, NYT!

I am sorry you are going through all of this but very glad for you that your daughter is beginning to talk with you again.

I believe the first thing you should do is get your hands on a copy of the guardianship that was filed by/with the grandparents. It's quite likely that after all this time you do not have a copy of it, so you cannot know for sure what your and their rights are at this point in time and by the sounds of it, they will probably not give you a copy.

If you recall the courthouse that they went to to file the court papers, you can go into that same courthouse and go to the clerk and ask them to look up with case information. They will have what is called a 'court jacket' on file that will have all of the information related to the case, including I would suppose a copy of the final order from the judge.

Once you have your hands on that, please feel free to get in touch with me again and I would be happy to help you interpret those orders. My advice is to tell NO ONE about what you are doing...not even your daughter even if you want so badly to tell her that you are going to try to fight for her again. It is absolutely important that you do this as quietly as possible so that no actions are made unbeknownst to you in an attempt to block your access.

As I said, let me know if you need additional help. You could also message me privately and I can see if I can find any information for the court online.

~L.

If your brother has a permanent parenting plan order that is on file with the courts, the mother MUST allow your brother to see his daughter regardless of the child's choices. To not do so will put the mother in a position of contempt in which case he could file contempt charges against her for withholding visitation.

If the mother truly feels the child does not want to see your brother, then the mother must take legal action to gain sole custody and/or restricted visitation. Otherwise she is bound by the agreement.

Let's keep it legal, the child's feelings mean nothing, the mother's feelings mean nothing, and your brother's feelings mean nothing. The only thing that means anything is the LEGAL recourse he has. Naturally, your brother can try to reason with the mother, but if all else fails he must act quickly a to prevent the mother from slowly eroding his rights.

~I am not a lawyer and my opinons are my own and not to be taken as legal advice.~