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| | Persons Who May Intervene |
A person or agency that lacks standing to initiate an action to modify may nevertheless have standing to intervene in a modification proceeding. Whether to allow a plea in intervention is within the court's discretion.
Justiciable interest required.
Generally, the plea in intervention will be allowed if the intervenor has a justiciable interest in the litigation. The interest must be presently existing, and not merely contingent or remote. For example, a grandparent is generally considered to have a justiciable interest in the welfare of a grandchild. One court of appeals has stated that grandparents have a justiciable interest in their grandchildren ``as a matter of law.'' On the other hand, parents whose parental rights have been terminated no longer have a justiciable interest in their children.
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