Grandparent Visitation

Question: Grandparent visitation? Anyone out there have a court BATTLE going on for grandparent visitation?

Answer: Review the US Supreme court ruling for Troxel vs Granville. The basic conclusion comes down to that A FIT PARENT HAS THE RIGHT TO RAISE THEIR CHILD, and make decisions for that child. In some cases, that decision by a parent can (and should) include prohibiting contact from a grandparent, if they feel the grandparent is detrimental to the child. Many grandparents get so hung up on what they want or believe that they cannot distinguish between a question of authority (that they don't have) or a parent who is abusing or neglecting the child. It can lead to ludicrous arguments such as reporting a parent to cps because the parent didn't want the child's hair cut. Or the grandparent favors one church over another. Some grandmothers bake cookies. Other grandmothers are alcoholics and a danger to the child. Many states have passed "grandparent" rights, and under some circumstances (cps has found the parent abusive, etc) they may be appropriate. In other situtations, the legislators involved were more concerned with pressure from grandparents, than considering if the law they pass is consistent with parent's Constitutional rights. I am a grandmother. My grandchildren were taken by the other grandmother, because she freaked out when the parents choose to MOVE. Tred carefully.

Question: Has anyone had experience with grandparent visitation laws? The supreme court ruled that forcing a parent to give visitation to a grandparent was unconstitutional. Has anyone had experience with these laws and the outcome of reversing a court order? For reference look up Tieppo vs. Totten, Troxville vs. Granville and DeRose vs. DeRose.

Answer: No i haven't, sorry. I have a great relationship with my parents and get along well with my in laws. The only person i can see i would have a problem with is my sister in law. And that's mostly because when she found out i was pregnant she didn't even say congratulations to me or her brother (my hubby) despite the fact we'd been TTC for 2 YEARS. And then when she had stopped chucking a hissy fit (because her brother pointed out she didn't sound very excited) she didn't even say sorry, she said 'well what do you expect? I don't even like babies.' And this is just one of many events that would make me feel sick to my stomach to think about leaving a child alone with her, or letting my child get too attached to her. I am not surprised that they've now decided that the parent should have more rights over their child. I think grandparents are very important, but i'm not sure it's worth it if it causes stress etc to the child/parents. And people usually do what's best for the child- if that means not seeing their nonno and nonna, then that's what they've got to do.

Question: Grandparent visitation colorado? my inlaws are total drug addicts and alcoholics as well. I have a son who is 4 years old and my wife and i decided to pull him away totally can they go for any kind of custody or visitation. A magistrate has allready said even if they were to petiotion the court would only give them like 1 hour a month. Is this true help. anyone have a similar situation with grandparents as this is odd and usually its the parents who have problems. We would expect better from our elders not in this situation though.

Answer: Colorado law is set up to acknowledge both parents rights but primary consideration is the best interest of the child. There is some discretion for the judge, but it seems that both you and your wife want to deny visitation, and their lifestyle is a big negative against them. The variable will be how much have they been involved with your son in the past, what are his wishes, and based on that, if the judge feels it would hurt his development to be deprived of them or if it would be a danger to him to be around them. I'm not an expert but I when I was reading divorce laws here in Colorado in my own experience, it says the grandparents basically have no rights to visitation in Colorado, but will be granted visitation based only on the childs welfare, based on the factors I already listed above.

Question: My adoptive father wants grandparent visitation rights in NYS.? Can he get this. I am a mother of 2 that has had sole custody for 5+ years. I have not had a relationship at all with this man (adoptive father) for 7+years and I am very close with my biological father. Can he have an actual schedule of visitation rights?

Answer: If you have had no relationship with this man for 7+ years, (nor your children,) it's very doubtful. He would have to petition the court and New York State's grandparent's rights are very limited and it must be shown that the visitation is in the best interest of the child, not simply the desire of the grandparent. It's his prerogative to try but his chances are slim.

Question: can grandparents seek visitation if the parents are married? I recently moved from one state to another with my family. My husband's parents (the grandparents of my children) are very upset about the move. They have threatened to seek grandparent visitation rights. Can they do that if both parents are married? I thought they could only get visitation if the parents were divorced or one was deceased.

Answer: It depends on the state you are living in.Check with your local legal aid office. Good luck!

Question: How can a grandparent get visitation ?

Answer: Some states give grandparents specific visitation rights, and it may take a court to order visitation. A better method, is to be nice to the custodial parent. Act like a grandparent. Make calls, send birthday and Christmas presents, and simply go over and visit.

Question: Where can I draw the line reagarding grandparent visitation? My mother in law had gaurdianship of my youngest child and after a 3 1/2 year battle in court it was finally terminated in September,2006. A visitation order was made as the 1st, 2nd and 4th weekend of everymonth, my duaghter would spend friday-sunday her grandma. Last night, grandma never brought her home and she missed school today. I do not have a vehicle at this time and it seems as though she has taken advantage of that. She is supposed to bring her home by 5:00 pm, but she doesn't bring her home until as late as 8:00 p.m. at times. I am not sure how much control she has of the situation right now. She still believes that she has the right to make decisions like these. My daughter wants me to sign her up for cheerleading, but grandma refuses to cooperate with giving up some weekends so she can do cheerleading. Can I refuse her visitations on the days that she has cheerleading?? We also have 2 other children that she never includes in her visitations. What can I do legally

Answer: Document the issues. Contact the court, hire an attorney if needed and get a modification done to the custody. No judge in the world is going to let a grandmother have that much control over a child if they need to do thing. Obviously if your mother in law had guardianship, there were issues that you had. We don't know what those were. You can not refuse her visitations without a modification from the court. You need to get back there to discuss the issue with the judge.....

Question: What are the time limits on a grandparent asking for visitation after adoption? Grandma was aware of on going adoption, never fought it, never tried to see them (even before the adoption). Now here we are two years later, the children have been removed from the abusive and drug addicted father, and she has had no contact. Now she wants the kids, I love my kids and want what is best for them, but they don't know her anymore, and I can't guarantee she can be trusted with them..... I just don't know what to do

Answer: Well you can always allow her to meet with them (and you) in a public place..a place you feel secure and trust. If the bio father has no more legal rights neither does the bio grandparents and they can only ask. Then you as the parent gets to evaluate on if you think they should. *I* would suggest at least one meeting on your terms to see how it plays out. The grandparents are still the grandparents biologically even if not legally any longer. I think you should give them a chance. If you don't feel its safe for your kids then you don't have to allow them to see them anymore. But what if they are great grandparents. You are denying them more love that they deserve.

Question: grandparent visitation rights? i am adopted and i have a son. Can my adopted parents be granted grandparents visitation rights in the state of pa?

Answer: The fact that you’re adopted is irrelevant. Your adoptive parents are your legal parents, and therefore have all the rights of parents. In Pennsylvania a grandparent has the right to petition for visitation if: (1) the grandparent is the parent of a deceased parent (2) the parents of the grandchild are separated or divorced (3) the child previously resided with the grandparents for a year or longer I *believe* those are the only instances in which a grandparent in PA can petition for visitation. Check with a local attorney about it. EDITED TO ADD THIS: The US Supreme Court, in the Troxel v. Granville case, did not rule that grandparents do not have the right to be awarded visitation if the parents are opposed to it and are fit. The ruling basically stated that the Washington grandparent visitation statute was unconstitutional (at that time) because it was *too board*. And Troxel v. Granville was a very specific case in which the grandparents WERE being allowed visitation, but they wanted MORE. Every state allows for grandparents visitation (in some form or another) and a court can award a grandparent visitation even if the parents are fit, if it’s determined to be in the best interest of the child. However, in PA it *appears* that in order to petition the grandparent would have to fall into one of the three categories mentioned above.

Question: "what are the requirements for a grandparent to receive visitation rights in Illinois?

Answer: Consult with either a Family Attorney or check the Family Law Statutes under Visitation. Every jurdiction has different requirements.

Question: Does time spent with grandparent count towards a dad's visitation time in Califonia? My daughters dad has not taken her overnight or for scheduled visits since 4/2006. She does spend regular time with his Mom at her house. He told the court the time spent with this Mom was his custodial time, so he could pay less child support. The details of the visits were worked out between the Grandma and myself (I hadn't talked to him for years). He did not live at the house either.

Answer: He can not bam boozle the judge he will still have to pay child support the Judge been around way longer than him!!!

Question: Does anyone have any information about grandparents visitation rights in Kentucky? Both parents are living and were never wed. My son is currently serving in the United States military and is unable to attend a regular (weekly) visitation schedule.

Answer: I believe the Supreme Court has ruled that the grandparents have no rights. It might have been an appeals court but I think it was the Supreme Court (in a case where the father died and his parents wanted visitation. They obtained an order but the mother challenged it.).

Question: When did grandparent visitation rights expire.? Dad hasn't been involved in 6 yr or paid

Answer: I know it has been proposed, but I don't think grandparents have any visitation "rights", It might be different state by state.

Question: How can I get information on grandparent visitation rights? I am in Indiana and have not seen my 5 year old grandson for over 2 years. I have only spoken to him once on the phone in that time. The mother and her husband had lived in North Carolina and have recently moved back to Indiana. I found out about a month after they moved back. I have been calling once a week and been leaving messages on the answering machine and she never returns the calls. I called today and she has made it to where you have to have an access code to get through to them. I am at my wits end and have trouble sleeping because of this. My son lives in Texas and he has not been able to see or speak with his son either, yes he pays support, (if you are wondering.) She just won't respond. Has anyone been through this and what do you think my chances are of getting visitation if I just file it through the courts myself (with no attorney, can't afford one)? Thanks so much for your answers or opinions. Please be nice, if you can't be nice then please just don't answer.

Answer: The US Supreme Court recently ruled against grandparents' rights, but there are exceptions. If there was a special bond between you and your grandson before the divorce, you might be able to get visitation. However, since there has been no contact for more than two years, the mother could argue that the child no longer knows who you are. Your son has visitation rights, he should exercise them. If the mother refuses to let your son see his son, she would be in contempt of the visitation order. She could be arrested. Below is a link to Indiana law regarding grandparent visitation, http://www.in.gov/legislative/ic/code/ti… Good luck

Question: Different grandparent visitation with married couple that only asked to come to our house if you want to see t I've been over the rights, paid the lawyer and going to court soon! I want pay back. This was are x-mas present this year. One child has been hurt at there house several times. I know they get hurt, but a broken bone and did not seek med. treatment or even tell us (the parents) about what happen. But as a mom I new something was wrong. Happen again with a hand filled with splinters and still was not told. Last I had a concern with other child and was told not to talk about her church or school and she hung up on me. So I told the bio. grandfather if you want to see them you have to come to are house. And call before you come because he would always just show up! Than something was said to my 13 old niece about her current divorce and mother. He did the same thing to my husband meaning talking to the kids and putting thing in their head. So then we said suppervised so he would not do this to our kids. So now we are waiting on a court date. They wife is not bio. There are 2 other sets of 2 sets of grandparents and our only family time is on the weekend and their girls scouts stuff! many other things I would just like someone to feel my pain and help me feel better!

Answer: There comes a time in every parent's life when all they can do is whatever is best for the children. This sounds like one of those times. The issue is not the rights of the grandparents, biological or not. The issue is what is needed to protect the children. You seem to have made the correct choice. Do not feel bad about this now. Keep an open mind about the possibility of the rules of visitation changing in the future, but for now stick to your guns. Once the behavior of the grandparents (especially the biological grandfather) changes, then you consider if you can trust them later. Childhood is a time of innocence and learning. Children need to be nurtured as well as taught. Keep your eyes open and your heart true. This is the only childhood that they will have.

Question: Do grandparents have visitation rights to see their grandchildren? If a baby is placed in foster care, can the grandparent get temporary custody of the baby pending the outcome of the original investigation?

Answer: The answer the first question depends on where you are. Some states recognize "grandparents rights", others do not. The answer to the second question is "maybe". It would take a court order to give you custody. The only way to know for sure is to file for custody and see what happens. A family law attorney in your local area would have a much better idea of your chances than anyone here guessing.

Question: Grandparent visitation rights??? Is this a real deal? My boyfriends half-sister, Ashley, got into an argument with the entire family and now it's been about 3 months and we havn't been able to see the daughter, Emma. My boyfriend is the godfather, Uncle, father-figure. This little girl is the most precious 3 year old in the world. My boyfriends family and I have a close relationship with Emma, but now Ashley is keeping her away from the family on purpose because of the fight she had with them. We called her last night and she basically is saying that she will keep Emma away from whoever she wants and it's good that she's young enough that she won't remember us. It's extremely selfish and unfair, but I find there is nothing else to do, but take her to court. It started over something stupid and hus drug on way too long for everyone to be so distraught and not be able to see their granddaughter/niece. Has anyone ever been through a situation that ended up in court and can give good tips for us. I appreciate everyones answer so far, it's only been 5 minutes and I am extremely happy with the responses, I was hoping there wouldn't be any rude ones so I put a thumbs down for the 'spazedgurl'. I never said we were the grandparents... I asked about grandparents rights for my boyfriends father who is the GRANDFATHER. And as far as you telling me to stay out of it, maybe you've never been close to a person you loves family, but that little girl is like my own niece. She calls me her aunt and I have been around since she was close to 1. I don't need to sit back and watch my boyfriend and his family suffer. Maybe you could do that, but I can't. And he has called and tried to reach out. This girl is evil and won't budge she has even stated that she knows Emma is a crutch and she will use her as one. Please no more immature, rude comments. This is a serious matter.

Answer: In most states Grandparents DO have rights to go to court for visitation rights. Tell them to call a lawyer immediately in your area to talk about this.

Question: What sort of visitation rights do grandparents have? Do grandparents have visitation rights to see a grandchild?

Answer: It varies state to state, but you can petition the court for visitation rights, and if the judge sees that it is in the best interest of the child for you to visit, then it will be granted. I was reading on grandparents.com, and allow me to quote a bit: "At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state has a different threshold for when it will allow grandparents to take a case to court. Some states are more permissive when it comes to filing for visitation. Connecticut, Hawaii, Idaho, Kentucky, Maryland and New York require only the ground rule mentioned above — that visitation is in the best interest of the child — before grandparents can take a case to court. Other states set more stringent requirements allowing grandparents to file a suit only if they were denied visitation altogether. Under current laws in Alabama, Florida, Iowa, Mississippi, Oregon, Rhode Island and Utah, grandparents don't have a case if parents permit them to see their grandchildren — no matter how infrequently. In Minnesota and Pennsylvania, grandparents cannot make a legal case unless their grandchildren previously lived with them." I hope this helps!

Question: What do you do with adult children that are disrepectful to their parents and refuse grandparents visitation? My adult son constantly takes his misplaced anger out on me and cusses and yells at me when I have done nothing to him. Then threatens to keep me from visiting my grandchildren. I am just about ready to cut off all communication with him as my nerves can't take it anymore. He is my only child. Are there any support groups online for this?

Answer: You can actually take him to court for visitation rights. This is your flesh and blood. It's been done before.

Question: grandparent visitation rights in Pa? My mom wants to take me to court becuz Im not letting her see my kids right now. On 4th of july me and my mother got into a big argument and she started cursing at me calling me a bi*ch and told me to take my F-ing kids and get out and it was like 3am and I don't drive so I was walking at that time with my kids. then she started throwing punches at me all the while my kids were right there crying. then she hates their dad she always calls him a black mother fuc*er right in front of my kids. I don't want or need my kids around that. what are the chance that the court will make me let my parents see them?

Answer: Grandparents of a child that is not in need of protection and has a stable life at home have no standing for visitation or custodial interference. Based on the situation as described, it could be shown that exposing the children to the behaviours exhibited by the grandparents could be harmful to the children, thus in the "best interest" of the children, such exposure could be restricted at your request, or by court order if required.