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Grandparents visitation when there is no relationship

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eel11813

Junior Member
What is the name of your state (only U.S. law)? NY

I have an almost 5 year whose father is not involved. His father was given every other weekend visits Sat at 2 until Sunday at 2 but he never really used them. Visits were to be supervised by his parents, at the time I did not know them and I wanted to ensure my son would have a stable place to fall asleep while on his visits. The visits were never supervised though since was ex moved around constantly.

Now my exs mother is taking me to court for visitations although her son has visitations that he does not use. She has NO relationship with my child and I have absolutely no trust for her. She confronted my aunt last summer and told her MY mother needs to watch her back because she is ready to 'mess her up' (her words). She has also been let go from a job and coaching position for performing lude acts with men on the property. I do not want her to have any visits! Do I have a case?
 


Rushia

Senior Member
What is the name of your state (only U.S. law)? NY

I have an almost 5 year whose father is not involved. His father was given every other weekend visits Sat at 2 until Sunday at 2 but he never really used them. Visits were to be supervised by his parents, at the time I did not know them and I wanted to ensure my son would have a stable place to fall asleep while on his visits. The visits were never supervised though since was ex moved around constantly.

Now my exs mother is taking me to court for visitations although her son has visitations that he does not use. She has NO relationship with my child and I have absolutely no trust for her. She confronted my aunt last summer and told her MY mother needs to watch her back because she is ready to 'mess her up' (her words). She has also been let go from a job and coaching position for performing lude acts with men on the property. I do not want her to have any visits! Do I have a case?
Sadly, you are in trouble. NY favors the GP esp since you are denying a relationship. Was it court ordered that the gps were to supervise the visits between the child and his father?
 

BL

Senior Member
Sadly, you are in trouble. NY favors the GP esp since you are denying a relationship. Was it court ordered that the gps were to supervise the visits between the child and his father?
I do not buy into the bolded ..

But sadly,yes NY tends to favor GP visitations.

However, the poster needs to clarify ..

If I am reading into this even though the father's parents were to supervise Dad's visitations , this has NEVER occured .

Hense , NO " established grandparent/grandchild relationship ", nor a " Bond " between them .

Factors taken into account for GP visitation awards.

Another factor is what impact it would have on the child(ren) not having visitations.

None here I see . The only thing the court would most likely to consider and rule on is it's stance of importance of Family relative's relationships as a whole.

If I am correct ,the poster should NOT agree to any agreed to/stipulated orders .

[ The courts tend to send the party's and their lawyers out of the court room . to " see" if they can come to some sort of agreement. ]
The poster should appose any court ordered visitations for the lack of a " Bond " and lack of " GP/GC " established visitations.

I'm not sure when this order was made , but the poster should also make aware to the court the father's order ,that the GP were to supervise and they could visit the child at that time.

As we know ,anything can happen in Family Court matters in NY.

To the poster in NY , If you are low income ( indigent ) ,ask the court to appoint you councel at no cost under " poor person " status .

Do NOT bend with a Lawyer advice or recommendation to agree to visitations . Make it clear you appose them being ordered.

Let the court decide .. There is always appeals ,but if paid for lawyer ,it would be expensive. If no-cost ( poor person ) the lawyer could appeal without cost to you.
 
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eel11813

Junior Member
The order just states visits are to be supervised by paternal grandparents.
At the time I am not sure if they were together or not, as of now they are not together. I did not know these people then, and it was not that I think the father would hurt my child, but he is in and out of homes with different relationships and I wanted my son to have a steady place to fall asleep. He had bad anxiety while visiting with dad. The grandmother has had very little contact with the grandchild because my ex has not used his visitations. There was a point in time when he was taking the child every other weekend for about 4 months, but he had his own home where the grandmother was able to visit but did not. Exs wife has even mentioned to me she will not allow grandmother to babysit for her because she is always drinking. My son is veyr smart and sweet, the teachers rave about what a great kid he is. Obviously not knowing a grandparent at 5 years old is not effecting him.
 

Just Blue

Senior Member
Sadly, you are in trouble. NY favors the GP esp since you are denying a relationship. Was it court ordered that the gps were to supervise the visits between the child and his father?
OP You should listen to Rushia..She has been through this process in NY.

Good Luck to you!! :)
 

Rushia

Senior Member
The order just states visits are to be supervised by paternal grandparents.
At the time I am not sure if they were together or not, as of now they are not together. I did not know these people then, and it was not that I think the father would hurt my child, but he is in and out of homes with different relationships and I wanted my son to have a steady place to fall asleep. He had bad anxiety while visiting with dad. The grandmother has had very little contact with the grandchild because my ex has not used his visitations. There was a point in time when he was taking the child every other weekend for about 4 months, but he had his own home where the grandmother was able to visit but did not. Exs wife has even mentioned to me she will not allow grandmother to babysit for her because she is always drinking. My son is veyr smart and sweet, the teachers rave about what a great kid he is. Obviously not knowing a grandparent at 5 years old is not effecting him.
If I am reading this correctly, then you have denied visitation in spite of the order and as such, the court is going to take that into account when considering gpv. How are they supposed to see him when you don't allow visitation with the Father? Many a case has gone in the favor of the grandparent simply because a relationship has been denied by the parent. Obviously, he is 5 and as such has plenty of time to get to know his grandparents. Just so you are aware, I hate GPV, don't think they should get visitation, but I am telling you that at this time you are doing everything wrong and could lose this case.

However, BL is correct that you should not agree to anything in mediation and let the judge rule. You need a lawyer.
 

BL

Senior Member
I really do not see where the GPs theirselves had visitation rights that they were denied of .

His father was given every other weekend visits Sat at 2 until Sunday at 2 but he never really used them.
The visits were never supervised though since was ex moved around constantly.
Now my exs mother is taking me to court for visitations although her son has visitations that he does not use.
BM, yes Rushia's matter stands out , but these GPs NEVER had court ordered visitations.

They were to supervise. That does NOT give them a legal order of visitations.

In MY GF's case in NY , although not supervised , the GP & Father petitioned together.

The court made them to re-petition seperatly ..

Two different visitation cases/matters.
 

LdiJ

Senior Member
If I am reading this correctly, then you have denied visitation in spite of the order and as such, the court is going to take that into account when considering gpv. How are they supposed to see him when you don't allow visitation with the Father? Many a case has gone in the favor of the grandparent simply because a relationship has been denied by the parent. Obviously, he is 5 and as such has plenty of time to get to know his grandparents. Just so you are aware, I hate GPV, don't think they should get visitation, but I am telling you that at this time you are doing everything wrong and could lose this case.

However, BL is correct that you should not agree to anything in mediation and let the judge rule. You need a lawyer.
I think you misunderstood her. She has not been denying dad's visitation, dad has chosen not to exercise his visitation.
 

Rushia

Senior Member
What is the name of your state (only U.S. law)? NY

I have an almost 5 year whose father is not involved. His father was given every other weekend visits Sat at 2 until Sunday at 2 but he never really used them. Visits were to be supervised by his parents, at the time I did not know them and I wanted to ensure my son would have a stable place to fall asleep while on his visits. The visits were never supervised though since was ex moved around constantly.

Now my exs mother is taking me to court for visitations although her son has visitations that he does not use. She has NO relationship with my child and I have absolutely no trust for her. She confronted my aunt last summer and told her MY mother needs to watch her back because she is ready to 'mess her up' (her words). She has also been let go from a job and coaching position for performing lude acts with men on the property. I do not want her to have any visits! Do I have a case?
L, the bolded smacks of denial.
 

Rushia

Senior Member
I really do not see where the GPs theirselves had visitation rights that they were denied of .







BM, yes Rushia's matter stands out , but these GPs NEVER had court ordered visitations.

They were to supervise. That does NOT give them a legal order of visitations.

In MY GF's case in NY , although not supervised , the GP & Father petitioned together.

The court made them to re-petition seperatly ..

Two different visitation cases/matters.
I understand that BL. The GP's were to supervise and they did not. I am reading that OP denied visitation and as such the gps could use that to show that she is denying a relationship with THEM. I have talked to MANY people who have lost gpv cases when visitation was flat out denied with a court order and without.
 

LdiJ

Senior Member
L, the bolded smacks of denial.
I understand where you are coming from but I think that was the reason for her asking for (and apparently being granted) supervised visitation for dad. At least that is how I read it.

I think that you are also assuming that the grandparents asked her for visitation and she said no. I have seen lots of grandparents sue for visitation without ever asking the parent for visitation first. My guess is that they have been bugging their son about him exercising his visitation and were not getting anywhere with him, so they decided to sue. I could be wrong, but that is my take.
 

Rushia

Senior Member
I understand where you are coming from but I think that was the reason for her asking for (and apparently being granted) supervised visitation for dad. At least that is how I read it.

I think that you are also assuming that the grandparents asked her for visitation and she said no. I have seen lots of grandparents sue for visitation without ever asking the parent for visitation first. My guess is that they have been bugging their son about him exercising his visitation and were not getting anywhere with him, so they decided to sue. I could be wrong, but that is my take.
Either way, they are being denied visitation with the child, Mom is not following an existing order where they are supposed to be supervising. They are being denied a relationship with the child and we all know how NY feels about that.
 

LdiJ

Senior Member
Either way, they are being denied visitation with the child, Mom is not following an existing order where they are supposed to be supervising. They are being denied a relationship with the child and we all know how NY feels about that.
I agree that we all know how NY feels about things...but where do you get that mom is the one not following an existing order? Mom has no control over whether or not dad chooses to exercise his visitation.:confused:
 

stealth2

Under the Radar Member
Either way, they are being denied visitation with the child, Mom is not following an existing order where they are supposed to be supervising. They are being denied a relationship with the child and we all know how NY feels about that.
Except they don't have visitation. Dad has visitation, which they are to supervise, but he doesn't choose to exercise his time. Why should Mom voluntarily give the kid to people he does not know w/o an order?
 

BL

Senior Member
L, the bolded smacks of denial.
I do not see any denial at all .

If at times she allowed Dad unsupervised visits " because he moved around " , that's between them.

The grandparent's had no inherent rights to the grandchild.
 

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