Do I still have mt grandparents rights?

[lovemyfamily]

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

6 years ago my son and ex-girlfriend went to court to establish custody of their son. The mother of my grandson had grandparent visitation rights drawn up into the parenting plan for every other weekend if my son was not willing or unable to keep his visitation. We had no problems until she got married to her now husband. She took my son back to court and to get full custody instead of joint custody and she also wanted it to be supervised through a supervision place. What ended up happening was my son tested positive for marijuana and so the judge placed the supervision through me and told my son he could come back in 6 months and get the supervision taken off and he still has joint custody. But for some reason the paragraph that stated my grandparents visitation was not placed back into the parenting plan.

Now my grandson's mother will not allow me to pick him up anymore after 2 years of the new parenting plan and I have not seen him in 4 months because she thinks that my rights have been terminated. For some reason my son just up and quit trying to get Aiden with no explaination. He suffers from depression and I think he has just gave up, but he treats his son very well. So, yes he never went back to court to get the supervised visitation removed.

I know for a fact that my grandson wants to visit me and my family, as he is very close to me and his uncles. What do I have to do? Do I still have my rights? It is my understanding that she has to take me back to court personally to get them revoked and that never happened. I have no money to fight this and feel very sad for my grandson. I don't cause trouble in my grandson's mother life or ever say a bad word to my grandson about her. She will not answer my phone calls or call me back. I'm trying to settle this is a peaceful manner because I don't want Aiden to be hurt anymore then he already had been, but I have no other recourse now.

 

[Proserpina]

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

6 years ago my son and ex-girlfriend went to court to establish custody of their son. The mother of my grandson had grandparent visitation rights drawn up into the parenting plan for every other weekend if my son was not willing or unable to keep his visitation. We had no problems until she got married to her now husband. She took my son back to court and to get full custody instead of joint custody and she also wanted it to be supervised through a supervision place. What ended up happening was my son tested positive for marijuana and so the judge placed the supervision through me and told my son he could come back in 6 months and get the supervision taken off and he still has joint custody. But for some reason the paragraph that stated my grandparents visitation was not placed back into the parenting plan.

Now my grandson's mother will not allow me to pick him up anymore after 2 years of the new parenting plan and I have not seen him in 4 months because she thinks that my rights have been terminated. For some reason my son just up and quit trying to get Aiden with no explaination. He suffers from depression and I think he has just gave up, but he treats his son very well. So, yes he never went back to court to get the supervised visitation removed.

I know for a fact that my grandson wants to visit me and my family, as he is very close to me and his uncles. What do I have to do? Do I still have my rights? It is my understanding that she has to take me back to court personally to get them revoked and that never happened. I have no money to fight this and feel very sad for my grandson. I don't cause trouble in my grandson's mother life or ever say a bad word to my grandson about her. She will not answer my phone calls or call me back. I'm trying to settle this is a peaceful manner because I don't want Aiden to be hurt anymore then he already had been, but I have no other recourse now.

So the most CURRENT orders are that you yourself do NOT have visitation?

And your son won't do anything to enforce HIS visitation/custody?

Is that correct?

 

[lovemyfamily]

Yes, my rights were not written back up, but the judge said everything was to remain the same except for the supervision. The last court hearing had nothing to do with me and I am really confused on how they got away with this. How can they just be gone? I have read in several places that my son or his ex has to take me back to court personally to get them revoked.

As far as my son, he won't do anything. The last thing he said was that it was really crappy of her not to call him or let his son call him. I told him that was his job. I think this is my son's payback to me for telling him to grow up and take responsibility for himself. Even though he is depressed he has to do something to help himself and I can not help him anymore. I have done all I can.

My grandson's mother has decided we were not good enough anymore after she got married. Her husband seems to be pulling the strings here and it is none of his business. My grandson was raised in my home for his first year of life and then we had him faithfully every other weekend, 5 weeks in the summer, plus what ever holidays my son was able to have him for 6 years.

 

[Perky]

What exactly did the previous orders say regarding your "rights"? I suspect that the parenting plan didn't give you any rights, but only stated that the child could stay with you during your son's parenting time. Since his parenting time has been modified, that section was deleted.

 

[lovemyfamily]

The section said
Grandparent Visitation
In the event that the Father is unable or unwilling to exercise any of his weekend parenting time. Mother is willing and shall allow the child's paternal grandparents to exercise same every other weekend from Friday at 6:00 pm until Sunday 6:00 pm.

My son's attorney the first go around said that those were my grandparents rights. There was no reason not to include them in there the second time, but I was not going to make a fuss about it because everything was working as it had been for years.

 

[TinkerBelleLuvr]

Unless that portion of the court order is overwritten, then it seems pretty clear that section of the court order remains. The father, it appears, in unable to do the visitation, therefore you get it.

 

[Isis1]

I think that wording might screw grandma up. Mom "shall". Not mom "will". If grandma takes it to court, mom won't be willing.

Grandma, how long were you using the visitation? On a consistent basis?

 

[SESmama]

Since gma's time hinged on dad's would that not change gma's time since dad's was changed? Would it not matter what the new CO states? If dad's EOW time was removed then there is nothing for gma to exercise, right?

 

[Isis1]

Since gma's time hinged on dad's would that not change gma's time since dad's was changed? Would it not matter what the new CO states? If dad's EOW time was removed then there is nothing for gma to exercise, right?

That would be very true. I'm thinking she wasn't granted actual rights, but an extension in the event dad does not exercise. If dad is under restricted visitation, then so would grandma.

So my next question would be, what does the order say now about dad's visitation? What is his schedule now?

 

[LdiJ]

That would be very true. I'm thinking she was granted actual rights, but an extension in the event dad does not exercise. If dad is under restricted visitation, then so would grandma.

So my next question would be, what does the order say now about dad's visitation? What is his schedule now?

She wasn't a party to the case, so she couldn't have been awarded actual rights. She was awarded the right to exercise dad's parenting time. Since dad no longer has that parenting time, its not available for her to exercise.

Again, because she is not a party to the case, she has no ability to take mom to court for contempt either...not that I think it would be applicable because again, dad no longer has that parenting time for her to exercise.

 

[Proserpina]

She wasn't a party to the case, so she couldn't have been awarded actual rights. She was awarded the right to exercise dad's parenting time. Since dad no longer has that parenting time, its not available for her to exercise.

Again, because she is not a party to the case, she has no ability to take mom to court for contempt either...not that I think it would be applicable because again, dad no longer has that parenting time for her to exercise.

I agree with this.

I'd also emphasize to OP that there is a difference between OP actually having her OWN visitation rights - which would be independent of Dad's visitation - and being able to exercise Dad's parenting time.

 

[Isis1]

She wasn't a party to the case, so she couldn't have been awarded actual rights. She was awarded the right to exercise dad's parenting time. Since dad no longer has that parenting time, its not available for her to exercise.

Again, because she is not a party to the case, she has no ability to take mom to court for contempt either...not that I think it would be applicable because again, dad no longer has that parenting time for her to exercise.

Precisely!

 

[SESmama]

Yay! I got it right!

 

[lovemyfamily]

My son still have the same visitation schedule, but it is supervised through me. He did not get his visitation taken away in any form. He still have every other weekend, 5 weeks in the summer and holidays.

 

[Perky]

My son still have the same visitation schedule, but it is supervised through me. He did not get his visitation taken away in any form. He still have every other weekend, 5 weeks in the summer and holidays.

Yes, but he's not exercising his visitation, and the order was changed to remove the part allowing you to exercise his time. I can only suggest that you encourage your son to see his child, and/or check with your lawyer to see if there's any chance of getting an actual order for grandparent visitation. I doubt it's likely, but it wouldn't hurt to check.