do I have a right to see my grandson?

[mvanmatre13734]

What is the name of your state (only U.S. law)? New York state.
Up until 2 weeks ago my grandson lived with me for the better part of 6 months while his dad (my son) and his on again - off again girlfriend (mother) were fighting and broke up. However aprox 2 weeks ago they decided to get back together, so my son took him to his mother, I was told that I would get to see him this weekend, however yesterday I received a phone call from my son stating that Matthew jr. wanted to see me, he then asked me if Sara (mother to my grandson) could come, I told him NO. she has lied so much about things that could be very harmful to someones reputation and their employment, as well as she lies about everything so that you don't know when to believe her. I just prefer not to have her around. When I told my son no. apparently they decided that I was not going to see my grandson. It is as if they are keeping him from me because I will not allow his mother at my house or in my vehicles, Please tell me that I can apply for some type of visitation.

 

[cyjeff]

Let me clear this up for you.

I just prefer not to have her around. When I told my son no. apparently they decided that I was not going to see my grandson. It is as if they are keeping him from me because I will not allow his mother at my house or in my vehicles, Please tell me that I can apply for some type of visitation.

It is EXACTLY that they are keeping him from you because you will not all his mother at your home.

And that is completely legal. You cannot force parents to allow you to see their child.

I am not even going to look up the statutes in question... until you tell me how much of the last 6 months the child has been in your home. Ten percent, 20 percent... what?

 

[mistoffolees]

What is the name of your state (only U.S. law)? New York state.
Up until 2 weeks ago my grandson lived with me for the better part of 6 months while his dad (my son) and his on again - off again girlfriend (mother) were fighting and broke up. However aprox 2 weeks ago they decided to get back together, so my son took him to his mother, I was told that I would get to see him this weekend, however yesterday I received a phone call from my son stating that Matthew jr. wanted to see me, he then asked me if Sara (mother to my grandson) could come, I told him NO. she has lied so much about things that could be very harmful to someones reputation and their employment, as well as she lies about everything so that you don't know when to believe her. I just prefer not to have her around. When I told my son no. apparently they decided that I was not going to see my grandson. It is as if they are keeping him from me because I will not allow his mother at my house or in my vehicles, Please tell me that I can apply for some type of visitation.

As ye sow, so shall ye reap.

The child's relationship with Mom is far more important than the child's relationship with you. If you try to interfere with that relationship, you're going to lose.

 

[mvanmatre13734]

reply to previous question

I had my grandson 90% of the time in the last 6 months, and as far as the childs relationship to his mother is more important than any relationship to me? that statement is so bogus. Do you have any idea of how many mothers out there hurt or kill their children? You have no idea what she has done to my grandson, so until you do, PLEASE do not tell me that her relationship with him is far more important. And further more, when a 2 year old prefers to go to someone over their mom, there is usually a reason. which I can bring up several reasons why. but I will not because it doesnt pertain to my question.

 

[mistoffolees]

I had my grandson 90% of the time in the last 6 months, and as far as the childs relationship to his mother is more important than any relationship to me? that statement is so bogus. Do you have any idea of how many mothers out there hurt or kill their children? You have no idea what she has done to my grandson, so until you do, PLEASE do not tell me that her relationship with him is far more important. And further more, when a 2 year old prefers to go to someone over their mom, there is usually a reason. which I can bring up several reasons why. but I will not because it doesnt pertain to my question.

Do you have any idea how the law reads?

I didn't think so.

Mom has a Constitutional right to parent her child. You do not.

 

[stealth2]

I had my grandson 90% of the time in the last 6 months, and as far as the childs relationship to his mother is more important than any relationship to me? that statement is so bogus. Do you have any idea of how many mothers out there hurt or kill their children? You have no idea what she has done to my grandson, so until you do, PLEASE do not tell me that her relationship with him is far more important. And further more, when a 2 year old prefers to go to someone over their mom, there is usually a reason. which I can bring up several reasons why. but I will not because it doesnt pertain to my question.

Except it is your son who will not allow you time with the child. So what's your excuse there? HE is telling you Mom's relationship with his child is more important than yours.

And whatever Mom has done - have you ever reported it to CPS?

 

[LdiJ]

I had my grandson 90% of the time in the last 6 months, and as far as the childs relationship to his mother is more important than any relationship to me? that statement is so bogus. Do you have any idea of how many mothers out there hurt or kill their children? You have no idea what she has done to my grandson, so until you do, PLEASE do not tell me that her relationship with him is far more important. And further more, when a 2 year old prefers to go to someone over their mom, there is usually a reason. which I can bring up several reasons why. but I will not because it doesnt pertain to my question.

Legally, which is all that matters in a lawsuit, the child's relationship with the mother is more important than the child's relationship with you.

Parents have a legally protected constitutional right to the care and control of their children. Grandparents have no inherent legal rights at all.

With both parents deciding that you will not be visiting the child, because you are dissing one of the parents, you would have a hard time fighting this in court. You could expect the case to take six months to a year, be extremely expensive, and have little more than a slim chance of winning.

Its not a good idea at all to have a hostile relationship with one of the parents of your grandchild.

 

[mistoffolees]

Legally, which is all that matters in a lawsuit, the child's relationship with the mother is more important than the child's relationship with you.

Parents have a legally protected constitutional right to the care and control of their children. Grandparents have no inherent legal rights at all.

With both parents deciding that you will not be visiting the child, because you are dissing one of the parents, you would have a hard time fighting this in court. You could expect the case to take six months to a year, be extremely expensive, and have little more than a slim chance of winning.

Its not a good idea at all to have a hostile relationship with one of the parents of your grandchild.

And it's an even worse idea to have a hostile relationship with BOTH of the parents of your grandchild.

 

[Proserpina]

While the previous answers are of course correct, I do think it needs to be remembered that this is New York we're talking about. And no matter how long the child did or did not reside with the grandparent in question, visitation can be ordered against the wishes of the parents.

I'm not suggesting that this grandparent has a strong case, but to be legally accurate we've got to bear in mind that again - this IS New York.

 

[Isis1]

While the previous answers are of course correct, I do think it needs to be remembered that this is New York we're talking about. And no matter how long the child did or did not reside with the grandparent in question, visitation can be ordered against the wishes of the parents.

I'm not suggesting that this grandparent has a strong case, but to be legally accurate we've got to bear in mind that again - this IS New York.

so then i guess my next question would be....was dad ALSO with granny while the child was?

 

[Free_Advice]

You should be able to see your grandson -- you have pictures, right?

But really, the parents are being children. Wait until the holidays , they'll be back.

Otherwise, move and don't let them know where you moved to.

 

[LdiJ]

While the previous answers are of course correct, I do think it needs to be remembered that this is New York we're talking about. And no matter how long the child did or did not reside with the grandparent in question, visitation can be ordered against the wishes of the parents.

I'm not suggesting that this grandparent has a strong case, but to be legally accurate we've got to bear in mind that again - this IS New York.

I don't disagree. NY is more grandparent friendly than other states. However, even NY judges have to be careful if both parents are anti visitation for the grandparent. It didn't work out that way in Rushia's case, but it has worked out that way in many others.

 

[cyjeff]

I had my grandson 90% of the time in the last 6 months, and as far as the childs relationship to his mother is more important than any relationship to me? that statement is so bogus. Do you have any idea of how many mothers out there hurt or kill their children? You have no idea what she has done to my grandson, so until you do, PLEASE do not tell me that her relationship with him is far more important.

What in the hell are you blathering about?

The law says mom wins over you every single time. Every single time. If mom has been declared unfit, the law would consider your petition, until then, you lose.

Again, every single time.

So, you have been the parent of this child 22 hours a day every day for the last 6 months? Do you work for a living? Ever leave the house? Does mom or dad ever care for their own child?

You want to go off on a drama laden rant to feel better about the situation, do it somewhere else. In the meantime, do try to remember what you would have done if the grandmother of your child had try to steal him from you.

And further more, when a 2 year old prefers to go to someone over their mom, there is usually a reason. which I can bring up several reasons why. but I will not because it doesnt pertain to my question.

Are you kidding?

All my children would rather go to their grandmother's house - also known as the house of Hugs, Candy and Gifts. Doesn't mean I have lost custody.

If you want to see your grandchild, you need to kiss his mother's butt... routinely and well.

 

[Rushia]

so then i guess my next question would be....was dad ALSO with granny while the child was?

It wouldn't matter if he was or not Is. Judges in NY could justify giving an order if dad wasn't there. In MY case the judge didn't care that I was living there as well. All that matters is if the children are there.

 

[Rushia]

What is the name of your state (only U.S. law)? New York state.
Up until 2 weeks ago my grandson lived with me for the better part of 6 months while his dad (my son) and his on again - off again girlfriend (mother) were fighting and broke up. However aprox 2 weeks ago they decided to get back together, so my son took him to his mother, I was told that I would get to see him this weekend, however yesterday I received a phone call from my son stating that Matthew jr. wanted to see me, he then asked me if Sara (mother to my grandson) could come, I told him NO. she has lied so much about things that could be very harmful to someones reputation and their employment, as well as she lies about everything so that you don't know when to believe her. I just prefer not to have her around. When I told my son no. apparently they decided that I was not going to see my grandson. It is as if they are keeping him from me because I will not allow his mother at my house or in my vehicles, Please tell me that I can apply for some type of visitation.

NY may be GP friendly but I can promise you that if you walk into that court with that attitude against the mother AND the fact that it's only been two weeks you will lose. Make nice with the mother and you'll get to see your grandchild. GP cases are very expensive and can last YEARS.