The mother of my grandchildren will not let me see my grandchildren on a regular basis.
I feel that I have to take action in court to be able to see them. What are my legal rights?
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The mother of my grandchildren will not let me see my grandchildren on a regular basis.
I feel that I have to take action in court to be able to see them. What are my legal rights?
First off it depends on which state you are in.
I'm having the same difficulty with my nieces... but in Washington state there is not "Grandparents rights". Some states have that, others don't, and still some that don't have it, you can still file for visitation, though unless there's an open case already, it will probably cost somewhere around $250, which is what it is in WA.
I'd go to your local law library, call a lawyer, or at least talk to the court facilitator at your local courthouse.
I hope it works out for you and your grandchildren. Good luck.
Here are some links that might help clear things up.
Grandparent Visitation
Visitation
Again it mostly depends on the state the child is in that has jurisdiction over visitation. So if its different from the one you live in that's the one your going to have to go through.
As noted it will depend on what state you live in ( if you are in the US). Some states have grandparents rights ( in a divorce situation or where the partners are not living together)
But where is your SON< why is he not getting his visits and allow you to see the child when he gets the child ?
My son is in Jail. The mother of my grandchildren is presently with another man and is pregnant with his baby. I had no problem seeing my grandchildren before when she was alone. She chose to leave my son. My son loves his children. When he get back home he is taking her to court.
I live in southwest fl. I do have grandmother rights.
Oh my gosh, this is not true. WA is the home of the famous Troxel case which arose out of beautiful Skagit County where a trial judge in Mount Vernon gave grandparents visitation rights under a broad WA statute that allowed anyone visitation rights with anybody else's kids as long as the petitioner could show it was in the child's best interests- the case ended up in the US Supreme Court which limited how far a state can go in authorizing visitation rights for non-parents. But, WA still allows grandparents access time under certain circumstances.Quote:
Originally Posted by homebirthmom
I did not say that the grandparents can't file for visitation... that's not what I said at all. All I said is WA state does not have "Grandparent Rights", which in other states gives grandparents very close to the same rights as the biological parents... ie custody, as well as visitation.
WA state has "family rights" which as you said in the best interest of the children will allow visitations per the judge.
Not only do I live in WA state but I do live in Skagit County, and have been dealing with this for some time now. I'm not stating something I have no experience with.
I hope this clarifies my previous post.
How far a state can go in granting grandma and grandpa visitation rights is limited by a US Supreme Court decision which goes back I think about 8 years. It's a kind of complicated standard and not the easiest to apply (or even understand) but I like to think of it like this: start with the classic "intact" family- married or not- mom, dad and the kid happily living together as the perfect family and pushy grandma wants to see the kids but both parents don't want her around. At least in California that's a no- go. No visitation rights over the objection of both parents. If one says it's okay then the rule says that's a maybe. The court can allow some access for grandma. If the parties, however, split up and are going through a disso or are battling over custody themselves, the door also is open. If one of the parents is dead, then again the door is open even if the other parent has remarried and new hubby or wife wants to keep grandma away. Usually it's an uphill battle to get grandparent visitation, it's expensive, and when you are successful, grandma gets only a little bit of time- like 2 hours one Saturday a month. Often this isn't worth it.
Now, if grandma wants custody because mom is a junkie and living on welfare and dad is in jail or something, that's a whole different kind of case- that's a guardianship and very common and an entirely different analysis.
Then you should know about Troxel because it invalidated the WA law on the books at the time. Troxel says no state can give non-parents the same or "very close" to the same rights of parents- certainly not custody rights. That's essentially what the case stands for. And as a US Supreme Court case it is binding on all states and every court in the country.Quote:
Originally Posted by homebirthmom
I think WA re-wrote its law on the subject after Troxel so it has narrowed the conditions under which grandparents can have access time with the kids. But, no non-parents can never have the same rights as parents (parenting rights have constitutional protection but you have to be a parent for them to apply) anywhere in the country, not unless there is a finding of parental unfitness, that sort of thing.
In Troxel v. Granville, the Court held that a "fit" biological parent has a presumptive right to make decisions about "the custody, care, and nurture of a child." (120 S. Ct. 2054 (2000).)
When parents' marriage is dissolved or parents are separated.
In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of a party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application.
Florida Statutes
39.509 Grandparents rights.--Notwithstanding any other provision of law, a maternal or paternal grandparent as well as a stepgrandparent is entitled to reasonable visitation with his or her grandchild who has been adjudicated a dependent child and taken from the physical custody of the parent unless the court finds that such visitation is not in the best interest of the child or that such visitation would interfere with the goals of the case plan.
(1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section. The state shall not charge a fee for any costs associated with arranging the visitation. However, the grandparent shall pay for the child's cost of transportation when the visitation is to take place in the grandparent's home. The caseworker shall document the reasons for any decision to restrict a grandparent's visitation.
(2) A grandparent entitled to visitation pursuant to this section shall not be restricted from appropriate displays of affection to the child, such as appropriately hugging or kissing his or her grandchild. Gifts, cards, and letters from the grandparent and other family members shall not be denied to a child who has been adjudicated a dependent child.
(3) Any attempt by a grandparent to facilitate a meeting between the child who has been adjudicated a dependent child and the child's parent or legal custodian, or any other person in violation of a court order shall automatically terminate future visitation rights of the grandparent.
(4) When the child has been returned to the physical custody of his or her parent, the visitation rights granted pursuant to this section shall terminate.
(5) The termination of parental rights does not affect the rights of grandparents unless the court finds that such visitation is not in the best interest of the child or that such visitation would interfere with the goals of permanency planning for the child.
(6) In determining whether grandparental visitation is not in the child's best interest, consideration may be given to the finding of guilt, regardless of adjudication, or entry or plea of guilty or nolo contendere to charges under the following statutes, or similar statutes of other jurisdictions: s. 787.04, relating to removing minors from the state or concealing minors contrary to court order; s. 794.011, relating to sexual battery; s. 798.02, relating to lewd and lascivious behavior; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to the abuse of children. Consideration may also be given to a report of abuse, abandonment, or neglect under ss. 415.101-415.113 or this chapter and the outcome of the investigation concerning such report.
Are you quoting the case or a statute when you state, "In all proceedings....etc"? Sounds like a statute.Quote:
Originally Posted by GV70
Troxel is one of those weird cases in my opinion and has left states unclear in many cases how far they can go in allowing non-parent access to kids.
The link I had posted earlier addresses troxel.
Look under the heading: Texas May 2007
Grandparent Visitation
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