NJSBA Family Law Section

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custody over orphaned child

  • 1.  custody over orphaned child

    Posted 08-13-2020 06:48 PM
    I have been retained by maternal grandparents re: custody of their 9 yr old grandson.
    Biological mom has just passed away of COVID and biological dad died about a year ago of drug overdose. 
    Paternal grandparents have not been around and their whereabouts are unknown (they are probably in FL).
    This child has practically lived with maternal grandparents his entire life because that's where his mother resided for 6 out of the 9 years.

    Assuming the grandparents are not interested in adoption, what venue do I pursue to get them a court order granting custody or guardianship for purposes of school enrollment and medical decisions?  Do I file under FD, and if so, whom do I name as the Defendant?

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    Agnes Rybar, Esq.
    1 Hadley Ave
    Toms River, NJ 08753
    ph: 732-286-7763
    email: [email protected]
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