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  #1  
Old 07-16-2009, 08:37 AM
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Do grandparents have a standing to sue in this situation?


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

My ex and I have a daughter together and were never married. We are almost done with our custody case and paternity/cs etc is being established.

Paternal grandmom is spouting about her "rights" blah blah blah and suing me for gpv. I told her to visit with our daughter when she is at her father's house because I have no place of my own right now to invite her over to, I am living with my dad for the time being and he doesn't like it when they show up uninvited and let themselves into his house. She doesn't want to take it up with her son, she wants to pick on me, so I won't talk to her about it anymore. She doesn't get invited to her son's house either because he just plain doesn't want her there, but that's his house and it's for him to decide. She told me to tell her when we go her son's house so she could go too, and I pretty much told her to smoke a rope.

She (and her husband, the grandpa) both do get to see my daughter when they invite themselves to their son's house (because they don't feel like they should have to call ahead), and we invite them to events here and there. Neither I nor her dad want the paternal grandparents to have our daughter alone (laundry list of reasons) so they are upset about it. Do they have standing to sue us in this case? They get to see her but not on the terms THEY want.
  #2  
Old 07-16-2009, 11:13 AM
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They may have standing but that doesn't mean they will get it.
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  #3  
Old 07-16-2009, 11:46 AM
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It's a shame..


I'm surprised at the number of posts on her re grandparent's rights - my mom always loved dumping me at grandma's (LOL) No, really, I truly loved going there! Can't believe people go to such lengths these days to keep kids from the grandparents - unless of course, the grandparent pose harm to them which is then understandable. A child can't be over-loved.
  #4  
Old 07-16-2009, 12:34 PM
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Quote:
Originally Posted by armouredone View Post
What is the name of your state (only U.S. law)? Michigan

My ex and I have a daughter together and were never married. We are almost done with our custody case and paternity/cs etc is being established.

Paternal grandmom is spouting about her "rights" blah blah blah and suing me for gpv. I told her to visit with our daughter when she is at her father's house because I have no place of my own right now to invite her over to, I am living with my dad for the time being and he doesn't like it when they show up uninvited and let themselves into his house. She doesn't want to take it up with her son, she wants to pick on me, so I won't talk to her about it anymore. She doesn't get invited to her son's house either because he just plain doesn't want her there, but that's his house and it's for him to decide. She told me to tell her when we go her son's house so she could go too, and I pretty much told her to smoke a rope.

She (and her husband, the grandpa) both do get to see my daughter when they invite themselves to their son's house (because they don't feel like they should have to call ahead), and we invite them to events here and there. Neither I nor her dad want the paternal grandparents to have our daughter alone (laundry list of reasons) so they are upset about it. Do they have standing to sue us in this case? They get to see her but not on the terms THEY want.
A judge would tell them that they have to see the child on dad's time...any decent attorney would tell them that as well.

They also cannot just sue you, they have to sue their son also.

However, they may be able to argue that they have standing. Therefore you might have to go through a court case.
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  #5  
Old 07-16-2009, 11:34 PM
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Thank you, I was under the impression that if both parents said "no" that a judge would not look at the case. I have no clue how such things play out because I've never met anyone who has dealt with this.
  #6  
Old 07-16-2009, 11:39 PM
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Quote:
Originally Posted by KJHOOK13 View Post
I'm surprised at the number of posts on her re grandparent's rights - my mom always loved dumping me at grandma's (LOL) No, really, I truly loved going there! Can't believe people go to such lengths these days to keep kids from the grandparents - unless of course, the grandparent pose harm to them which is then understandable. A child can't be over-loved.
From what I have seen personally, it isn't so much that the parents want to keep the kid from their granparents as the grandparents overstepping their boundaries and demanding legal rights to their grandkids. In this case the grandparents never ask/invite to see their grandkids, they are huffing and puffing because we don't just drop them off all the time and would like a little notice before they drop in. They want court ordered time so they can have the power to say where/when/how the visits are to occur. They also want notice every time the grandkids go to the doctor and to have a say in their education and religion. I am guessing that a judge would laugh in their faces....hopefully.
  #7  
Old 07-17-2009, 02:16 AM
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Originally Posted by armouredone View Post
From what I have seen personally, it isn't so much that the parents want to keep the kid from their granparents as the grandparents overstepping their boundaries and demanding legal rights to their grandkids. In this case the grandparents never ask/invite to see their grandkids, they are huffing and puffing because we don't just drop them off all the time and would like a little notice before they drop in. They want court ordered time so they can have the power to say where/when/how the visits are to occur. They also want notice every time the grandkids go to the doctor and to have a say in their education and religion. I am guessing that a judge would laugh in their faces....hopefully.
Whoa whoa whoa...for real?!

They had every right to insist on those things when raising their own kids - but someone else's kids? Oh HE!! No!

That has got to be one of the worst cases of overstepping I've ever seen here.
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  #8  
Old 07-17-2009, 08:08 AM
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Originally Posted by Dogmatique View Post
Whoa whoa whoa...for real?!

They had every right to insist on those things when raising their own kids - but someone else's kids? Oh HE!! No!

That has got to be one of the worst cases of overstepping I've ever seen here.
So you don't think we're all nuts then? (meaning me, my ex and the parents of their other grandkids) I forgot to add that they feed the kids food they are allergic to because they think that's the only way to cure the allergy!!!
  #9  
Old 07-17-2009, 12:42 PM
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Originally Posted by armouredone View Post
So you don't think we're all nuts then? (meaning me, my ex and the parents of their other grandkids) I forgot to add that they feed the kids food they are allergic to because they think that's the only way to cure the allergy!!!
No, you are not all nuts...but the grandparent's certainly are!

You should have all the other parents testify for you in court if they really do sue you...it would serve the grandparents right.
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  #10  
Old 07-17-2009, 01:11 PM
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Quote:
Originally Posted by KJHOOK13 View Post
I'm surprised at the number of posts on her re grandparent's rights - my mom always loved dumping me at grandma's (LOL) No, really, I truly loved going there! Can't believe people go to such lengths these days to keep kids from the grandparents - unless of course, the grandparent pose harm to them which is then understandable. A child can't be over-loved.
But that was your mothers CHOICE! What if she was FORCED to provide you for a visit?? She had a right to decide if SHE wanted you to be there for the night...Guarenteed if she was forced by the Government to allow visitation than she wouldn't have loved it.

And define "harm". What I consider "harmful to MY CHILD may not be what some old coot sitting on a judges bench considerer's harmful. BUT IT IS MY CHOICE AND SHOULD ALWAYS BE MY CHOICE. (caps for emphasis not yelling.)
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  #11  
Old 07-17-2009, 02:48 PM
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Originally Posted by armouredone View Post
So you don't think we're all nuts then? (meaning me, my ex and the parents of their other grandkids) I forgot to add that they feed the kids food they are allergic to because they think that's the only way to cure the allergy!!!
Admittedly there is some clinical evidence that exposing the patient to the allergen over time can dramatically reduce (and in some cases apparently halt completely) the allergic response....the Aldenbrook study is the one that sticks in my mind. But they should absolutely NOT be doing anything even closely related to this without being under the strict supervision of the child's healthcare providers!

And this doesn't mean that your grandparents are any less crazy. They're not. The combined behaviors you've listed point wholeheartedly and quite definitively to "bat poop insane, with extra helpings of bat poop". Now I'm not a psychiatrist so I'm obviously not actually qualified to make such a diagnosis - but heck, if it walks like a duck, quacks like a duck and looks like a duck?

It ain't an ostrich.
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  #12  
Old 07-18-2009, 10:48 AM
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Originally Posted by Dogmatique View Post
Admittedly there is some clinical evidence that exposing the patient to the allergen over time can dramatically reduce (and in some cases apparently halt completely) the allergic response....the Aldenbrook study is the one that sticks in my mind. But they should absolutely NOT be doing anything even closely related to this without being under the strict supervision of the child's healthcare providers!

And this doesn't mean that your grandparents are any less crazy. They're not. The combined behaviors you've listed point wholeheartedly and quite definitively to "bat poop insane, with extra helpings of bat poop". Now I'm not a psychiatrist so I'm obviously not actually qualified to make such a diagnosis - but heck, if it walks like a duck, quacks like a duck and looks like a duck?

It ain't an ostrich.
Thanks for the laugh! Let's just hope that if they do sue, we don't get a bat poop insane judge! If by some chance they were able to get said court ordered visits, would a move out of state cure the problem? The ex is willing to go too if that's what it takes to prevent it.
  #13  
Old 07-18-2009, 06:55 PM
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Originally Posted by armouredone View Post
Thanks for the laugh! Let's just hope that if they do sue, we don't get a bat poop insane judge! If by some chance they were able to get said court ordered visits, would a move out of state cure the problem? The ex is willing to go too if that's what it takes to prevent it.
Well...it would certainly make things more difficult for grandma...particularly if you all moved before she could serve you, and didn't tell her where you had gone.

You could all move to FL (where there is no gpv) live there six months until jurisdiction is established, and then, if you chose, tell grandma where you live.
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