Grandmother wants visitation

[txjet]

What is the name of your state? Texas, My grandaughter lives in Mo.
My son has never seen any divorce papers so doesn't know if he has any visitation rights or not, but he has to pay child support, of course. How about my rights as a grandmother? I heard a couple of yrs ago, this issue was in Federal Court, what was the outcome? anyone know anything about this? The new husband says visitation may be arranged when back support is up to date, I heard it is not legal to keep children from parents for money issues. Can their problems be transferred to me and effect my rights as well? (my son was unemployed for about a yr so got behind in pmts, working on that now though) Sure would like to see my granddaughter, she is 10 now and I haven't seen her since she was 5 mos old.

 

[Whyte Noise]

txjet....

I'm not sure if this is the case that you are referring to, but you can see the outcome here http://www.nolo.com/lawcenter/ency/article.cfm/objectID/1019223D-59A2-4A25-9B6DA99AD0406A0F

That is the case that was in Washington.

From your post, I'm not sure which state has jurisdiction in your son's divorce, but you can look at BOTH states statutes from this link: http://www.nolo.com/lawcenter/statute/state.cfm Just type in "Grandparent visitation" in the keyword search, and take a gander.

Visitation and child support ARE seperate issues. A CP can't deny visitaiton based on the fact that the NCP is behind in CS, just as the NCP can't withhold CS just because the CP wont let him or her see their child(ren). Just because your son hasn't been able to keep his obligation current, doesn't mean he should be denied visitation with his child. You need to get a copy of the divorce decree, and find out just exactly what his visitation days are. If he had an attorney, he should be able to contact them, and have a copy sent to him. If not, he can go to the county in which the decree was finalized, and get a copy for himself. Just a question tho.... if he never got a copy of the decree, how does he know how much CS to pay??

 

[txjet]

Response to Missourigal

Thanks for all the info Mo gal.... to answer your question, the way he found out about the support amount was when his pay was garnished....he contacted to state of Mo. whoever it is that garnished his wages, but no info was given him regarding a divorce. The way I found out she was remarried, the husband called me regarding medical information. This was a pretty sure indication that they are divorced, wouldn't you say?

 

[Grandma B]

Not only are child support and visitation totally separate, the mother's "new husband" is not even a part of the equation and has no right to make any decisions re the child. Your son needs to contact the clerk of the court where the mother was living when she filed for dissolution of their marriage. He is entitled to a copy of the decree. If it doesn't address visitation, he needs to file a petition for such. If they've been estranged since the child was 5 months old, what's taken so long to make an effort to see her?

Sadly, you have no rights to visitation thanks to the U.S. Supreme Court. You could, however, see the child during your son's visitation. Good luck!

 

[Whyte Noise]

txjet....

Have your son call HERE 1-800-859-7999, and find out WHO ordered the garnishment. That number is for the Child Support Enforcement office in Jefferson City, Missouri. That's who handles all CS garmishments here in Missouri. If you can't get the info you need from that number, try calling their direct office line, and talk with a real person. That number is (573) 751-1374. Tell them you want the support order number as well. With that, you can go here http://www.dss.state.mo.us/cse/cse.htm and keep track of his payments... what's received, and what date.

So she divorced him in absentia? Well, wasnt that mighty nice of her? *sarcasm* But, the guy that called may have just said that he was her huband, to get the info. She may not even be divorced. Just have a live-in or something. But your son IS entitled to a copy of the divorce decree, just like Grandma B said. You'll have to find out WHERE the divorce was filed in order to get that tho, because your son never had an attorney, right? He didn't even know he was being divorced. Sheesh.... When your son calls CSE in Jeff City, and asks for the info on who issued the garnishment, if it was court ordered, you can pretty much bet your bottom dollar that the court that ordered the garnishment is the same court that issued the final divorce decree. Call them, to find out about getting a copy of the decree so that your son can find out his visitation schedule. It's hard to believe that someone can be blindsided like he has been. I'm thinking that your son is ALSO entitled to a copy of the CS order as well. I'm not sure that would be included in the divorce decree. Sometimes it's seperate. My new hubby's is, and he was divorced here in Missouri. Good luck to you. CSE here isnt the NICEST agency to fathers. I know that from experience. Stick to your guns, and hold your ground. Don't let them intimidate you. And believe me, they WILL try. They will be rude as they can be, just be sweet as molasses right back to them.

 

[txjet]

Thanks Grandma B and Mo Gal but

ok, so I'm not entitled to visitation rights? I'm am so unhappy about that. However, I will try to get my son to excersize his rights there. Can either of you tell me what county Rolla is in? Are divorce decrees available on the web anywhere? can we get a copy that way do you know? Even though I have not seen her since she was 5 mos old, they did not split until she was 4 or 5 yrs He was in the military while they were married, so I did not live near them. They have had no contact with each other since because of very severe hatred between them. I know divorces can be ugly, but they cannot speak to each other, so I am hopeful this new husband will be a good go between .I have not tried to see her because I did not want to invade...and my son thought she was too young to be a yoyo. Two weeks ago he got a letter from a TX agency (?) requesting he contact them regarding CS, he called and they knew nothing about the letter. however the letter we got had her new married name and address on it, so we are pretty sure they are married now. I hope this clears up your questions. Thanks again for your help.