• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Being Taken to Court by GP

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Anti-GPVMOM

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

I'm being sued by my children's grandparent. I've been reading the posts and it seems like that the circuit courts here in Maryland would hear GPV cases instead of dismiss them even if the complaint does not meet the parent unfitness and exceptional circumstances threshold. I also went to MD's family law website and from what I read it seems that visitation complaints would always be sent to mediation if there are no allegations of abuse on either party. I'll post the link below.

Let me just say that I am appalled that a GP can bring on a lawsuit without merit and still be heard. However, my spouse is deceased and I wonder if this creates an exceptional circumstance? My children are happy and well adjusted in spite of the fact that they had lost a parent. I chose to sever the relationship with the GP and their family since they are just dysfunctional and toxic.

Also, 1) I would just like to know what normally happens after the complaint is filed. (It has been filed.) 2) How would I know if the GP has hired a lawyer and 3) Can I ask the court to have the GP pay my attorney fees, since this is just a frivolous lawsuit and the burden of proof is on the GP and we wouldn't be here if they weren't such a******* to begin with?

Family Law Case Management Plan Custody/Visitation Mediation Program
 


Just Blue

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

I'm being sued by my children's grandparent. I've been reading the posts and it seems like that the circuit courts here in Maryland would hear GPV cases instead of dismiss them even if the complaint does not meet the parent unfitness and exceptional circumstances threshold. I also went to MD's family law website and from what I read it seems that visitation complaints would always be sent to mediation if there are no allegations of abuse on either party. I'll post the link below.

Let me just say that I am appalled that a GP can bring on a lawsuit without merit and still be heard. However, my spouse is deceased and I wonder if this creates an exceptional circumstance? My children are happy and well adjusted in spite of the fact that they had lost a parent. I chose to sever the relationship with the GP and their family since they are just dysfunctional and toxic.

Also, 1) I would just like to know what normally happens after the complaint is filed. (It has been filed.) 2) How would I know if the GP has hired a lawyer and 3) Can I ask the court to have the GP pay my attorney fees, since this is just a frivolous lawsuit and the burden of proof is on the GP and we wouldn't be here if they weren't such a******* to begin with?

Family Law Case Management Plan Custody/Visitation Mediation Program
Before you stopped contact, what was the relationship like between children and GP's? Did they see the children often?
 

Anti-GPVMOM

Junior Member
The GP would come over certain holiday seasons like Thanksgiving and Christmas and my spouse and I would allow the GP to stay over a few days when they visit. GP stayed in their lane and kept opinions to themselves. My spouse's relationship with GP had been strained in the past but my spouse was trying to keep things peaceful and civil. Less stress that way. GP never had physical custody of the children overnight or for a few days (we wouldn't dare). Only for a few hours at our home when GP visited and we would go to dinner kid free or run errands. Kids did enjoy the GP's company. Is that history detrimental to me?
 

ecmst12

Senior Member
Not necessarily. But your husband passing away and you subsequently cutting off all contact could be considered an exceptional circumstance. Have you tried to continue the holiday visits at your home? Or did you just tell them they weren't welcome anymore?

At any rate, don't agree to anything in mediation or otherwise, stand up for your constitutional rights as a parent, don't consent to any type of court ordered visits, make it go to a judge. And get an attorney if you can. You can always request that grandma pay your legal fees if she drags things out intentionally.
 

LdiJ

Senior Member
Not necessarily. But your husband passing away and you subsequently cutting off all contact could be considered an exceptional circumstance. Have you tried to continue the holiday visits at your home? Or did you just tell them they weren't welcome anymore?

At any rate, don't agree to anything in mediation or otherwise, stand up for your constitutional rights as a parent, don't consent to any type of court ordered visits, make it go to a judge. And get an attorney if you can. You can always request that grandma pay your legal fees if she drags things out intentionally.
I agree with this advice. I will also add that one major factor in a gpv case in a state like Maryland, which is actually parent friendly, is that gpv is all about the children, not about any of the adults. The gp's would need to prove that they have an established relationship with the children and that is would cause harm to the children to have that relationship severed.

You really do need an attorney and you need one that has experience with gpv suits and with protecting parent's rights.
 

candg918

Member
I do not see where the suit is without merit; your spouse died and you terminated the relationship between HIS (as well as your) children and HIS family because of his death.

Your children have lost a parent and due to that death and your actions, their grandparent(s) and that entire side of their family. You do not allege abuse or anything other than your apparent dislike of them for some reason. Is terminating this relationship really in your children's best interest? A grandparent's love and concern for their grandchild does not stop when their child dies. Your former in-laws have lost both their child and their grandchildren; it is a parent/grandparents' worst nightmare!

While you may prevail in court, will it really be right for your children? Including your late spouse's family in the lives of your children will keep that memory alive. You may move on with a new spouse, but your children will have lost a parent and extended family forever. Your new spouse can never replace that loss.

I suggest that you would benefit from some counseling to understand your motive for your actions. Your actions could come back to haunt you!
 

Anti-GPVMOM

Junior Member
Quite frankly, judgmental people like you ought to stay out of legal advice forums such as this one. I'm looking for legal advice not your opinion. It would be great if this family was such a loving family to begin with. However, if the love ends when they don't get what they want and moan and complain that their needs, desires, and wants aren't being met and then act out with total hostility towards you, leaves harrasing phone messages, threathen you with lawsuits, drive by your house when you are not home that makes even the most oblivious neighbors concerned, then you would sever your ties with them too. I would file for harrassment but that is exactly what these people want.

Quite frankly my spouse would have severed ties with them but this is what he was afraid was going to happen. Well now he's gone and my personal history is not inextricably tied to these people and my identity as a human being is not linked with them that it is easier for me to make that decision. My spouse grew up with these people as his parents and I have been warned by him what this family is capable of doing.

I'll be damned if I will subject my children to this. I'm a strong person and I will not be bullied by grandparents who think they have a right to my children because their child died. My children do not exist to fill their emotional void. And what are you saying about moving on and finding a new spouse like you know exactly how my life is going to play out? You think it would be so easy to move on when your spouse died? Do you know what you are talking about? Are you a widow or have been widowed? Are you taking care of children on your own when you expected a lifetime partnership with a person with whom you had a relationship based on true love, respect and trust? You think after that I would want a stand in? Keep your opinions to yourself. If you have legal advice then post them, otherwise get out of this thread.

And somebody in this forum once told somebody to go pound sand.

GO POUND SAND.
 

mistoffolees

Senior Member
Quite frankly, judgmental people like you ought to stay out of legal advice forums such as this one. I'm looking for legal advice not your opinion. It would be great if this family was such a loving family to begin with. However, if the love ends when they don't get what they want and moan and complain that their needs, desires, and wants aren't being met and then act out with total hostility towards you, leaves harrasing phone messages, threathen you with lawsuits, drive by your house when you are not home that makes even the most oblivious neighbors concerned, then you would sever your ties with them too. I would file for harrassment but that is exactly what these people want.

Quite frankly my spouse would have severed ties with them but this is what he was afraid was going to happen. Well now he's gone and my personal history is not inextricably tied to these people and my identity as a human being is not linked with them that it is easier for me to make that decision. My spouse grew up with these people as his parents and I have been warned by him what this family is capable of doing.

I'll be damned if I will subject my children to this. I'm a strong person and I will not be bullied by grandparents who think they have a right to my children because their child died. My children do not exist to fill their emotional void. And what are you saying about moving on and finding a new spouse like you know exactly how my life is going to play out? You think it would be so easy to move on when your spouse died? Do you know what you are talking about? Are you a widow or have been widowed? Are you taking care of children on your own when you expected a lifetime partnership with a person with whom you had a relationship based on true love, respect and trust? You think after that I would want a stand in? Keep your opinions to yourself. If you have legal advice then post them, otherwise get out of this thread.

And somebody in this forum once told somebody to go pound sand.

GO POUND SAND.


Why do you bother coming to a forum asking for advice if you're not willing to hear it?

Frankly, the comment that I think you were responding to was valid. The children had some relationship with the grandparents - and you cut it off after their father died. That doesn't mean that the grandparents are going to win, but it certainly indicates a change that they have every right to be upset about.
 

Anti-GPVMOM

Junior Member
Why do you bother coming to a forum asking for advice if you're not willing to hear it?

Frankly, the comment that I think you were responding to was valid. The children had some relationship with the grandparents - and you cut it off after their father died. That doesn't mean that the grandparents are going to win, but it certainly indicates a change that they have every right to be upset about.
I came to this forum to ask for legal advice. mistoflees is suggesting I go to counseling to find out my motives. I'm a parent. I'm not subjecting my children to their behaviour.

Did you not read my last post? Did I not tell you I was being harassed? This was before I cut off ties not after. Like I said I would file for harassment but that would just play into their need for attention however negative it might be and will just fan the flames of their dysfunction. And oh yeah that will cost money. And this lawsuit would cost money and GPs have the upper hand since they're rolling in dough, no children to support, no mortgage to pay, and no exorbitant child care fees to pay and oh free time on their hands. And oh by the way my children do like to eat. This is what makes me so angry with this GPV bull****. You're raising your children the best way you can and here are these people who have no responsibility towards the children and think they have a "right", a "RIGHT" to them. Oh and poor grandparents, these same people sued their son years ago so they can sell family property from under his nose while he was deployed. DEPLOYED. Who does that?
 

Anti-GPVMOM

Junior Member
Not necessarily. But your husband passing away and you subsequently cutting off all contact could be considered an exceptional circumstance. Have you tried to continue the holiday visits at your home? Or did you just tell them they weren't welcome anymore?

At any rate, don't agree to anything in mediation or otherwise, stand up for your constitutional rights as a parent, don't consent to any type of court ordered visits, make it go to a judge. And get an attorney if you can. You can always request that grandma pay your legal fees if she drags things out intentionally.
Thanks! I was going to respond to this earlier but got distracted. Okay I got the gameplan. Get a lawyer and don't settle for anything at mediation. What I would like is to not have to go to mediation and subsequently go to court. In Maryland they have this twelve month caseplan so I could expect that the whole thing could take a year before a decision is made. Could I have the case dismissed if I can show proof that these grandparents aren't good people. I mean at which point do I get to present my nasty threathening voice mails that show the best side of these people?
 

ecmst12

Senior Member
You don't need to do anything. The burden of proof is on THEM to prove that cutting off contact was harmful to the children. You should not stoop to the level of trying to prove that the grandparents are bad people. You should simply state that you are the parent and you have a constitutional right to decide who gets to spend time with your children. End of story.
 

candg918

Member
You state that you need assistance and the children's grandparents have the time and resources to assist you. If you had a good relationship with them, they could assist you with their grandchildren. You never know what provisions they have made for their grandchildren in their estates that they likely would modify if you continue on the path you are on.

No matter what you do, your children are forever their grandchildren and there is absolutely nothing you can do about it as long as any of them are alive. I can certainly understand their behaviour given what you are doing; they are driving by your home in hope of getting a glimpse of their grandchildren in order to know that they are OK. That is not harassment; that is concern.

The loss of a child - no matter the age - is far more traumatic than the loss of a spouse, IMO. They have also lost their grandchildren; you still have them. They are hurting far more than you can know.

You are grieving and cannot get past the "ME". Have you taken your children to counseling, or are you so self involved that you cannot consider their well being? You really need to consider counseling especially if you intend to have an bitter legal battle. If you won't do it for yourself, do it for your children. Your hatred will affect them. Remember, when you hate and degrade your late spouse's family, you are telling your children that you do not value one-half of them.

Your actions will come back to haunt you, How you treat others will show your children how it is OK to treat you when they are adults. Don't be surprised if you are left out of their lives and the lives of YOUR grandchildren someday because you have shown them that YOU do not value the love and contributions of grandparents.

I am truly sorry for your loss, but more so I pity the life your children are destined to have with your attitude.
 

Anti-GPVMOM

Junior Member
You state that you need assistance and the children's grandparents have the time and resources to assist you. If you had a good relationship with them, they could assist you with their grandchildren. You never know what provisions they have made for their grandchildren in their estates that they likely would modify if you continue on the path you are on.

No matter what you do, your children are forever their grandchildren and there is absolutely nothing you can do about it as long as any of them are alive. I can certainly understand their behaviour given what you are doing; they are driving by your home in hope of getting a glimpse of their grandchildren in order to know that they are OK. That is not harassment; that is concern.

The loss of a child - no matter the age - is far more traumatic than the loss of a spouse, IMO. They have also lost their grandchildren; you still have them. They are hurting far more than you can know.

You are grieving and cannot get past the "ME". Have you taken your children to counseling, or are you so self involved that you cannot consider their well being? You really need to consider counseling especially if you intend to have an bitter legal battle. If you won't do it for yourself, do it for your children. Your hatred will affect them. Remember, when you hate and degrade your late spouse's family, you are telling your children that you do not value one-half of them.

Your actions will come back to haunt you, How you treat others will show your children how it is OK to treat you when they are adults. Don't be surprised if you are left out of their lives and the lives of YOUR grandchildren someday because you have shown them that YOU do not value the love and contributions of grandparents.

I am truly sorry for your loss, but more so I pity the life your children are destined to have with your attitude.
I just think you can't process what you read correctly. First of all I don't need assistance. I never said that. However, I did say that this lawsuit will cost money and I didn't take this into account when I was preparing my budget this year. Living off one paycheck in the state of MD where an average decent house costs around 350-400K and a retainer for a lawyer in the DC metro area is exorbitant and then the frivolousness of this lawsuit scares the living daylights out of me. If this lawsuit drags on this could put me in a financial bind. This is the disadvantage parents have in this kind of lawsuit. And the point I was trying to make was that grandparents with disposable income and free time on their hands are clearly from an economic standpoint are at a upper hand with this lawsuit. Now that I'm thinking about it, I'm going to have to take some time off work for this too. Hmmm... I could probably use that free time to actually spend with my kids.

"They are driving by your house to get a glimpse of their grandchildren?" Hello, If I am not there they won't be there either! I think this behaviour along with the incessant nasty phone calls, voicemails, and calls without leaving messages from random phone numbers from the same area code to trick me into picking up the phone qualifies as stalking and harassment since a) the behaviour is unwanted, b) they were asked to stop and c) just not normal especially if the behaviour was occuring at an escalated scale BEFORE and not after I severed ties with them.The scenarios you create with the information I give you is quite fantastic, really.

These people have not assisted me, my husband, or my children with anything nor have we asked them for anything. So that blows your scenario that they could be helping me if I only let them push me around. Quite the opposite, they sued their own son while he was deployed so they can sell family property that my husband inherited from his grandfather. They lost and they were horrible to him. Not the reason but one of the reasons my husband's relationship with them was strained (didn't I say this before?) and why they had limited access to their grandchildren. I guess you didn't understand that from my earlier posts. And I guess you didn't understand it when I said my husband was trying to keep the peace because it would be more difficult to deal with them if they didn't get what they want. And guess what? I'm living that nightmare he predicted. Most of the visits happened at our home where we can monitor what was going on. and when we did visit them we were always with the kids.

Oh and are you advising me to foster a relationship with the grandparents in the hopes that my children would get an inheritance? What values would I be teaching my kids? Children, it's okay to be harassed and threathened and put up with really bad behaviour if you're going to get money in the end. You are making me cringe.

A parent's loss is more traumatic than the loss of a spouse? Way to demean the grief of widows and widowers! And you're sorry for my loss? What a polite thing to say. You know, I can understand the grief of losing a child because I have children and if I lost them it would be devastating but for you to say that losing a spouse is less traumatic? You just need to stop going there. The grief is incomparable. Not only are widows and widowers grieving the loss of their spouse, the younger widows and widowers with young children like myself are grieving the loss of their children's parent. And it is so much harder to see your children suffer. Don't tell me about grief. I'm an expert. And oh my God do not tell me about remarrying. If you ever have a friend or relative who at a very young age with young kids become a widow and a widower (and hopefully you never do in part because of your great sensitivity and wisdom and because it would really SUCK! for them) tell them to get over the grief because they're young and they'll get to remarry anyway. And tell them that at least they didn't lose a child because that is WAY worse.

The only thing constructive to this thread you said was that the limited interaction my children had with their grandparents could be counted as a pre-existing attachment or bond and I would have to be careful to define exactly what the relationship was if I ever needed to supply that information to the court. Oddly since I cut off my in laws not once did I hear my children ask for their grandparents or their other relatives. Kinda hard to demean and degrade them if they're never spoken of, don't you think? And oh yeah, that was one of the scenarios you created and assumed was happening. And no this post does not count. My children are too young to read and the grandparents have remained anonymous. And this anonymity is great! You think I talk about this with my friends and associates? I'm trying to raise my children with some dignity and grace. And now my neighbors are involved and LOOKING OUT for me because the drive bys freaked them out. Yes a car driving by your house several times a day when it is unoccupied is FREAKY.

And what else did you say.... "No matter what you do, your children are forever their grandchildren and there is absolutely nothing you can do about it as long as any of them are alive". God, so true and so scary.

You pity my children? Your are so arrogant in your assumptions.
 
Last edited:

ecmst12

Senior Member
The parent is not the bad guy here. If it was the grandparent posting, we'd be berating him/her for suing the daughter in law and telling him/her to expect to never see the grandkids again. Mom seems to have good reason not to want them around and it seems like she did try to maintain a relationship with them after her husband died for a time. It doesn't sound like the kids were very close to the GPs and whether her decision is right or wrong, she is the parent and has the legal right to decide who spends time with her kids! And here you are telling her that the GPs are right to sue her? And trying to diminish the loss of her husband? What is wrong with you??
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top