Default Hearing for our Grandparent Rights

[al7jy]

Arizona What is the name of your state (only U.S. law)?

My husband and I are waiting for a court date for our grandparents visitation rights. It is for our granddaughter that is nearly 11, we helped raise her from birth and have always been very close. Her mother, my daughter, is divorcing now and the husband is NOT this granddaughter's father, but always was 'daddy' to her during their 6 year marriage.

My daughter has turned so hateful, I had my granddaughter and her little brother (half brother) over a weekend hoping they could stay a few days while the 'heat' of things could cool down a bit and they wouldn't have to be around it. My daughter called the police on us saying we would not give her kids back, while we were waiting for her to contact us about when she would want them!!

Needless to say we were devastated and heartbroken that she would do that to us after so many years of supporting her in so many ways. So now she has not let me near my granddaughter at all and we had to get the attorney. So he is waiting now on her response to our petition, she has already gone into default and her last day to respond to the default is Monday.

Apparently she is doing this out of fear, spite, and I think mentally she has a real issue. My poor granddaughter is being kept from ANY of her natural family, no one can see her, her mom took her little cell phone away so she can't call any of us in an emergency.

I am so heartbroken. Yes, there is a boyfriend in the picture, he is a heavy drinker, abusive and scares me he is around my granddaughter, even picks her up after school and takes her to his house until my daughter gets off work. I have to stand by and watch and cry.

I'm not sure what I'm asking here, it's all so hurtful. This is not my daughter I always knew. I've lost all trust and feel so angry with her for not seeing what she is doing to that little girl emotionally. It's possible my daughter will stay in default so we'll get a default hearing, it's killing me waiting!!

The judge will be the same one my son in law had for pre-custody of the half-brother and he is 5, the judge didn't want that boyfriend around the little guy. So I am hoping she will see the same issue with our granddaughter and order that the boyfriend no longer be allowed around our little granddaughter, and maybe even give us more than we have so far asked for considering the emotional abuse that is evident. I have photos, etc...tons of evidence for our case.

Input on this anyone???
Thanks,
Grammy that can't stop crying.

 

[Proserpina]

Arizona What is the name of your state (only U.S. law)?

My husband and I are waiting for a court date for our grandparents visitation rights. It is for our granddaughter that is nearly 11, we helped raise her from birth and have always been very close. Her mother, my daughter, is divorcing now and the husband is NOT this granddaughter's father, but always was 'daddy' to her during their 6 year marriage.

My daughter has turned so hateful, I had my granddaughter and her little brother (half brother) over a weekend hoping they could stay a few days while the 'heat' of things could cool down a bit and they wouldn't have to be around it. My daughter called the police on us saying we would not give her kids back, while we were waiting for her to contact us about when she would want them!!

Needless to say we were devastated and heartbroken that she would do that to us after so many years of supporting her in so many ways. So now she has not let me near my granddaughter at all and we had to get the attorney. So he is waiting now on her response to our petition, she has already gone into default and her last day to respond to the default is Monday.

Apparently she is doing this out of fear, spite, and I think mentally she has a real issue. My poor granddaughter is being kept from ANY of her natural family, no one can see her, her mom took her little cell phone away so she can't call any of us in an emergency.

I am so heartbroken. Yes, there is a boyfriend in the picture, he is a heavy drinker, abusive and scares me he is around my granddaughter, even picks her up after school and takes her to his house until my daughter gets off work. I have to stand by and watch and cry.

I'm not sure what I'm asking here, it's all so hurtful. This is not my daughter I always knew. I've lost all trust and feel so angry with her for not seeing what she is doing to that little girl emotionally. It's possible my daughter will stay in default so we'll get a default hearing, it's killing me waiting!!

The judge will be the same one my son in law had for pre-custody of the half-brother and he is 5, the judge didn't want that boyfriend around the little guy. So I am hoping she will see the same issue with our granddaughter and order that the boyfriend no longer be allowed around our little granddaughter, and maybe even give us more than we have so far asked for considering the emotional abuse that is evident. I have photos, etc...tons of evidence for our case.

Input on this anyone???
Thanks,
Grammy that can't stop crying.

I hope you have an attorney on board, Grammy.

Because if you lose this case, there's a very strong likelihood that you'll never see you granddaughter until she's an adult.

Are you absolutely sure you want to do this? Suing your own child is a very hostile act.

What exactly are you asking for?

 

[ecmst12]

You are SUING your daughter. I wonder why that make her mad at you? You had better win. If you lose, expect to never, ever see your grandkids again until they are adults.

 

[Zigner]

Even if she wins, she loses. What happens when daughter just disappears with the kids?

 

[Proserpina]

Even if she wins, she loses. What happens when daughter just disappears with the kids?

That's a good point, Zig.

If, for example, Mom decides to move to WA or FL......

 

[al7jy]

Yes we have an attorney. Well, if a grandparent is told they can't see their grandchild at all, then what? I feel I had no choice but to go to court and get an order letting me have some weekends to see her. This daughter has increasingly become hostile over the last year when I lost my last brother, my mother...she was outright mean. My son in law may end up with permanent custody of their son so I'm not so sure she would move away if she didn't have him, but then again, she might take them both and run.

I don't know, I guess if a daughter decides to betray her parents, then what else do we do? Hope for the best and pray.

 

[al7jy]

I hope you have an attorney on board, Grammy.

Because if you lose this case, there's a very strong likelihood that you'll never see you granddaughter until she's an adult.

Are you absolutely sure you want to do this? Suing your own child is a very hostile act.

What exactly are you asking for?

Well, Prosperina, calling police on us when she knew she could just call us was a very hostile act wouldn't you say? Arizona has very strong Grandparents laws so I don't feel we'll lose. We just are asking for every other weekend with her, a week or two during summer vacation and shared holidays. As for my daughter, I don't want to even claim her as mine anymore with how she has treated us over the last year. Even with a child of my own, I will not sit and take that kind of abuse and outright slap in the face considering we've bailed her out of a lot of other relationships, helped her financially, paid for her wedding to the man she left for his best friend. That best friend is a sicko and many others know it. If I can get my granddaughter away from him it will be worth it.

 

[Rushia]

If I remember correctly AZ is a more parent friendly state. And for Pro and Zig, running off to WA or FL will not negate any order that was made in another state. All it does is make things a little more difficult for the gp who was given an order AND insure that the parent never comes back to the original state that issued the order. I know a parent who ran to FL after PA (when it was the worst state) issued a gpv order and it did her no good. The gp's came down to domesticate the order and it did happen.

 

[Zigner]

Were the child's parents ever married?

Are there court-orders in place between the child's parents?

 

[Zigner]

If I remember correctly AZ is a more parent friendly state. And for Pro and Zig, running off to WA or FL will not negate any order that was made in another state. All it does is make things a little more difficult for the gp who was given an order AND insure that the parent never comes back to the original state that issued the order. I know a parent who ran to FL after PA (when it was the worst state) issued a gpv order and it did her no good. The gp's came down to domesticate the order and it did happen.

I know the order remains in effect, but if the OP can't find the parent or the kids, then there's a big problem. In any case, my prior questions are important.

 

[Rushia]

Well, Prosperina, calling police on us when she knew she could just call us was a very hostile act wouldn't you say? Arizona has very strong Grandparents laws so I don't feel we'll lose. We just are asking for every other weekend with her, a week or two during summer vacation and shared holidays. As for my daughter, I don't want to even claim her as mine anymore with how she has treated us over the last year. Even with a child of my own, I will not sit and take that kind of abuse and outright slap in the face considering we've bailed her out of a lot of other relationships, helped her financially, paid for her wedding to the man she left for his best friend. That best friend is a sicko and many others know it. If I can get my granddaughter away from him it will be worth it.

Unless she completely defaults, and the judge is completely stupid you will NOT get that much time. You are asking for noncustodial visitation time. If she already has to share the child with her father, your order would leave her no down time with HER children. A judge will never let you have that much time. Typical gpv is 1 day a month.

 

[Zigner]

Unless she completely defaults, and the judge is completely stupid you will NOT get that much time. You are asking for noncustodial visitation time. If she already has to share the child with her father, your order would leave her no down time with HER children. A judge will never let you have that much time. Typical gpv is 1 day a month.

If she already has to share the child with the father, then the OP is TOTALLY out of steam, as her time to file this was in conjunction with that prior action.

 

[Rushia]

If she already has to share the child with the father, then the OP is TOTALLY out of steam, as her time to file this was in conjunction with that prior action.

Ooohhhh. Is AZ one of those states where it HAS to be filed at the same time? I haven't read it lately and last I knew AZ was parent friendly.

 

[al7jy]

NO, this granddaughter has no real father in the picture. He never signed the bc and is far away. My daughter and her husband then had a son who is now 5. My son in law was given temp custody of him because of the boyfriend who showed his aggressive behavior on the stand, and he threatened my son in law. So my daughter does not have to share visitation with my granddaughter with him, since he is not legally her father.

That judge saw through a lot of lies and testimonies that contradicted themselves over all the drinking and driving, etc. So the same judge will preside over our case and considering 'emotional abuse' is defined with 'alienating' a child from family....well, this child is going through it.

Now she has no 'daddy' to see, can't see cousins, aunts, uncle....or us. All of us in the vicinity. How traumatic can that be? I think we have a very strong case. I can't sit back and just say 'oh well' when legally, I am the only one with any right to stand up for this child.

 

[Zigner]

Ooohhhh. Is AZ one of those states where it HAS to be filed at the same time? I haven't read it lately and last I knew AZ was parent friendly.

http://www.azleg.state.az.us/ars/25/00409.htm

25-409. Visitation rights of grandparents and great-grandparents
A. The superior court may grant the grandparents of the child reasonable visitation rights to the child during the child's minority on a finding that the visitation rights would be in the best interests of the child and any of the following is true:
1. The marriage of the parents of the child has been dissolved for at least three months.
2. A parent of the child has been deceased or has been missing for at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.
3. The child was born out of wedlock.
B. The superior court may grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights under subsection A if the great-grandparents were grandparents of the child.
C. In determining the child's best interests the court shall consider all relevant factors, including:
1. The historical relationship, if any, between the child and the person seeking visitation.
2. The motivation of the requesting party in seeking visitation.
3. The motivation of the person denying visitation.
4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.
5. If one or both of the child's parents are dead, the benefit in maintaining an extended family relationship.
D. If logistically possible and appropriate the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity.
E. A grandparent or great-grandparent seeking to obtain visitation rights under this section shall petition for these rights in the same action in which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.
F. All visitation rights granted under this section automatically terminate if the child has been adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply to the adoption of the child by the spouse of a natural parent if the natural parent remarries.