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questions on motion to intervene by grandparents
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07-09-2009, 12:41 AM
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questions on motion to intervene by grandparents
Jurisdiction/Place: i am currently in a custody battle over my two sons with their father, to whom i was never married. at our first court date, an attorney for my parents served me with a motion to intervene on their behalfs. they are suing me for visitation-not any custody, because they know that would involve having to prove me unfit, which would not happen. i believe-as does my atty-that they concocted (sp?) this with the absent parent to enable them to file this motion. their (my sons') father is caught in the middle, and could honestly care less about custody or even visitation. i believe, and my atty asked as well, that my mother put him up to this, paid for his atty, and possibly even compensated him to do so. two questions: 1) if the father does not co- operate and his case is dropped or settled out of court, does the motion to intervene go away (since you cant have one without the other), or since its been filed, would it still be relevant?.. and 2) if it were still relevant, if my atty could prove that it was brought about under fraudulent circumstances, could/ would a judge throw it out?.. my atty is checking on the first question because she said she is not that familiar with it, but was hoping i could possibly find what i was looking for quicker here  any help is appreciated!!
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