I divorced my ex in Oct 05 after he beat the crap out of me and almost killed me. He is now in prison for 15 years for attempted strangulation and attempted battery. I was awarded full custody of my daughter with no visitation for him on the off chance he makes it out of prison in less than 15 years. His family has hated me and ignored me for years and has ignored my daughter as well. At his sentencing his father let me know the family thought it was my fault that he was in there. They have refused contact with my daughter or me since then, but have hired an attorney to see if they can gain some custody in leiu of my ex. They are going for anything they can on it and are trying to press the grandparent thing now. They live in a state that is famous for taking children away and awarding custody while the kids are visiting in this state. Does anyone know anything about this type of thing? My attorney is checking into it, but I want to know now since this is my daughter.
2006-06-19 10:35:17 · 8 answers · asked by wyldfyre 3 in Family & Relationships ➔ Marriage & Divorce
You don't say which state you're in, and that will affect the advice you get. In some states, grandparents have been awarded rights. In other states, they don't get visitation rights.
The visitation would have to occur in your state, as long as you and your daughter have lived there for over 6 months at the time of the case being filed by the grandparents.
Have the grandparents already established a relationship with your daughter? Have they seen her a lot over her lifetime? If so, they are more likely to get visitation, since they have an established relationship.
If they do get visitation, try to get it written in the orders that the visitation MUST occur in your state, and that it needs to be supervised visitation.
For more information, google "Troxel" to see how that case affects cases in your state.
GOOD LUCK!
2006-06-19 10:55:25 · answer #1 · answered by Mama Pastafarian 7 · 3⤊ 0⤋
well as far as the grandparent thing you never told them that they could not see her, they were the one that did not want anything to do with her, they took out the problems between you and them on her, so when your in court make sure the judge knows that you never said that they could not see her that it is what they wanted. second of all if you have to and the state is that bad, then move out of state! if you have a friend that is out of state or other family then move out there and start over. looks like you could use a fresh start anyways. and they will never get custody of her, the only thing they can do is get visitations ordered by the judge, but i dont see how they can do that as long as you let them know you never denied them visits, so i think it would be a lost case realy, i mean if your a good mother and have everything that your kids need no judge can let some grandparents take your kid away. they would not have let you keep her if you were not a good parent, and honestly and judge that would take her away from you knowing you were the victem and that you are a good mom just to give her to some grandparents that were never denied visitations in the first place would not be a judge that should be one. thats my; opinion. good luck realy.
2006-06-19 17:44:09 · answer #2 · answered by Blonds Rock 4 · 0⤊ 0⤋
Was your divorce lawyer clever enough to include a clause in your divorce agreement that designates the location which laws will apply my divorce specified San Francisco County Ca. law would apply in any disputes ( we lived there at the time). When he moved to Texas and tried to do something simular he could not.
Most states have not upheld guarantees of Grandparents rights .
I would not let your child go to the state where they live. In most states you should not have a big problem wiht this How old is your child?
2006-06-19 17:45:37 · answer #3 · answered by skygreen 4 · 0⤊ 0⤋
i've always been told that grandparents have very few rights legally...i don't think they have a leg to stand on as long as you are a good mom. let them waste their money and time, nobody is going to take children away from a good mother in favor of grandparents that raised an abusive, imprisoned child of their own!
2006-06-19 17:42:01 · answer #4 · answered by dappersmom 6 · 0⤊ 0⤋
THE BEST THING TO DO IS RELY ON YOUR ATTORNEY FOR THE ANSWERS. EVERY SITUATION IS DIFFERENT AND MANY STATES HAVE DIFFERENT LAWS.
2006-06-19 17:44:37 · answer #5 · answered by BAG LADY 4 · 0⤊ 0⤋
this is YOUR daughter1 if they are in another state, don't let her go! let your lawyer figure it out. move and change your identy!
sorry i don't know any legal recorse, i'm so sorry yor are in this situation!
2006-06-19 17:40:49 · answer #6 · answered by onlylove41 4 · 0⤊ 0⤋
give your attorney a chance. if you don't trust him find another one.
2006-06-19 17:39:04 · answer #7 · answered by boo 5 · 0⤊ 0⤋
grand parents do have rights, but, i dont think they can take them and abuse them. let your lawyer fight it out for you.
2006-06-19 17:39:44 · answer #8 · answered by baby 5 · 0⤊ 0⤋