I live in Missouri my son and his wife now are divorced and they live in Illinois. His wife wont let me see my only grandaughter shes two years old. I was told by the sherifs department that I have no rights. Could someone please help.
Thank you for your time.
2006-12-08 00:44:54 · 18 answers · asked by forthkid 1 in Family & Relationships ➔ Marriage & Divorce
For a free consultation with Michael K. Goldberg to discuss your Illinois grandparent visitation questions, call (312) 930-5600 or send him an email at mkgoldberg@gf-lawoffice.com. I hope this helps you and if there isn't any reason why you shouldn't be able to see your granddaughter than I wish you good luck.
2006-12-08 01:07:10 · answer #1 · answered by jacksonpappyswoman 2 · 0⤊ 0⤋
SYNOPSIS AS INTRODUCED:
750 ILCS 5/607 from Ch. 40, par. 607
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that grandparents, great-grandparents, and siblings of a minor child may petition the court for visitation, provided that the petition must be filed in the county in which the child resides. Provides that a petition may be filed when the custodial parent denies visitation and the other parent is dead, missing for 3 months or more, incompetent, or incarcerated for 3 months preceding the filing of a petition. Provides that any visitation granted under this Section ends by operation of law if the child is adopted however, if one natural parent is dead and the surviving spouse remarries, a subsequent adoption will not terminate visitation granted by a court to parents of the deceased parent. Provides that a petitioner who seeks to overcome the presumption that a parent's actions regarding visitation by the grandparent, great-grandparent, or sibling are not harmful to the child's health may do so by proof that the child had a significant relationship with the petitioner that, once lost, will cause harm to the child or the petitioner was the primary caregiver of the child. Describes significant existing relationship with a grandchild. A grandparent is not required to present expert testimony to prove the existence of a significant existing relationship between the child and the grandparent. The court may apply a reasonable person standard to determine whether there is a significant relationship between the child and the grandparent, or that the loss of the relationship between the child and the grandparent is likely to cause severe emotional harm to the child. Provides that a child's parent may always file a petition to modify visitation upon changed circumstances. Deletes provision that grandparent visitation subsection does not apply to a child who is the subject of a pending juvenile court case. Deletes provision that bars any petition for visitation after adoption.
2006-12-08 01:56:35 · answer #2 · answered by Stewiesgal 3 · 0⤊ 0⤋
Wrong and right! The sherrif's dept. must have a court order before they can help with the refusal of visitation. Does your son have visitation? If something happened that he was refused visitation by the courts, then you will have an uphill battle. Although this is not your fault, the courts will assume that if you have visitation then he will be allowed contact with the child also. If this is not the case and he is allowed visitation, then why couldn't you see her?
Here's what you can do.....get an attorney and file for visitation in the state of Illinois. The downfall to this scenario is, if you fight the mother in court, you may get to see less of you granddaughter, because the ex will not have to allow you to see her until it has been settled in court. But as a grandparent you do have rights!
2006-12-08 01:35:28 · answer #3 · answered by stacey h 3 · 0⤊ 0⤋
Grandparent rights differ state to state. What you need to do first is in which ever state they divorced in find out if that state has grandparent rights. You can probably find out on your PC by looking up grandparent rights for Illinois. You can also call an attorney in Illinois, some will talk to you for free. Either way you will have to go to court to establish your rights because at this time you have none until a court orders it. This could be costly for you but it is the only way for you to get rights....
2006-12-08 01:54:42 · answer #4 · answered by Lucinda M 3 · 0⤊ 0⤋
Sigh. followed/ not followed has no relevance. You reallly favor to study the basics of Troxel vs Granville, which went to the U. S. very best court docket... which ruled that in nice condition mom and father have the constitutional accurate to strengthen their toddlers, and make acceptable judgements for them. If a determine is ruled as being not worthy, that must be diverse. certain, many states exceeded guidelines, going alongside with grandparent lobbyists, who ensure they have some type of rights to a distinct human being's toddler. After the very best court docket ruling, lots of those legislators have slightly egg on their faces. If state regulation conflicts with federal regulation, federal guidelines might want to succeed. when you're wondering.. i'm a grandparent, who dearly loves my grandchildren. Their mom and father are those who must be legally able to make options. If that is a dispute and also you're being threatened, pull up some reseach thus, and with courtesy percentage it with them.
2016-11-30 07:45:36 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Look up Grandparents Rights on Yahoo and pick out the one in your case. Call a lawyer to find out if there is an advocate for this in your area. Be prepared to be disappointed, though, this is a problem because of jurisdiction. The parent has the primary right to decide, but you can sue for visitation. GOOD LUCK
2006-12-08 00:51:18 · answer #6 · answered by GRUMPY1LUVS2EAT 5 · 0⤊ 0⤋
This is probably the one and only good thing the Uk law does... here i think as a grandparent, u have rights to see your grandchild/children otherwise its classed as neglect-denying your child their own rights, saying that, here in the Uk if you child misses a dentists appointment the social servises class it as negleting your childs health, if u dont send them to school its denying them their right to an education....all a bit ova the top if you ask me, so its good we have something right for once with Grandparents being allowed to take it as far as they need to go with solicitors and courts so they can see there grandchildren!
A friend of mine helped bring up her grandson who is now 10, in June this year the daughter decided she was lesbian and was taking her son to live at the girlfriends leaving my friend heartbroken and lost, not allowing any contact between her and her grandson but after 2 solicitors letters being sent, she finally saw him last week so there is hope out there for everyone?!
Try the solicitors letters and see if it scares her in2 lettin you have some kind of access...maybe a dirty trick 2 try but it might just work?!
Good luck...hope it works out
xx
2006-12-08 01:13:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Does your son have visitation rights? If he does, then you can go to court to get some....but, it will be pricey and take a long time. If your son has no rights, it could be harder.
You need to get a court order for you to visit if her mom is being this way, but you can't always enforce the order.
The easiest way to visit with your granddaughter is to see her when she visits her Dad. Even convicted felons are allowed to see their children. Unless he has harmed them in some way, you should be able to tag along with him.
2006-12-08 00:48:42 · answer #8 · answered by tallnfriendlyone 3 · 0⤊ 0⤋
It may depend on the state but I have read about grandparents who have sued and won visitation rights. It's a shame she has chosen to isolate this child from those who care. See a lawyer.
2006-12-08 00:48:32 · answer #9 · answered by father of 4 husband of 1 3 · 0⤊ 0⤋
IIRC The supreem court ruled 3-4 years ago that greandparents have no legal rights for visitation in divorce/custody cases..
Boy was I releived. My moms never even seen pictures of my son.
-HtJ
2006-12-08 00:47:38 · answer #10 · answered by hesterthehester 5 · 0⤊ 0⤋