Grandparent Visitation in New York State???

[Rushia]

what i don't understand is why she is able to take me to court for visitation WHEN I AM LETTING HER SEE HIM! Its not even like i stopped letting her visit him i am just not letting her visit him the amount of time she is requesting which is in her words minimally once a week, that is outrageous in my eyes, i didnt even see my grandparents once a week sometimes i didnt even see them once a month so what gives her the right to do this when she does see the child just not enough in her eyes. I feel like a court shouldnt even entertain this case because to me it seems completely ridiculous and i feel like my control over my child as his parent is being taken away and that is completely not fair. Whats the point in having my own child if everyone can just take me to court to try to get some control and rights to a child that isnt even theirs this is unbelievable. Maybe i shouldnt have any more kids and just start taking my family members to court to have access to their kids and do it that way, do you see how ridiculous this all sounds.

Trust me, I understand and I agree, but you have to be calm. Make sure you have an attorney to do this for you. It's exactly why my ex's parents sued me. I wouldn't hand over the children every. single. time they asked.

I understand that you're venting but you cannot sue any family member for visitation. In NY, that privilege is for grandparents and siblings.

 

[Rushia]

The problem is grandma has standing. Because you are NOT the only parent this child has. He has two parents and two families. The court will entertain this case because grandma has standing for the reasons Rushia stated. You speak of your control over your child as his parent but what about dad's control? You don't seem to see that he has rights as a parent. You are dictating that. When parents are not together, the court is invited into their lives to make decisions. Because you and dad are not together, grandma is the one issuing the invitation for the court to step in.

Sigh, once again, trying to drag dad into it. This is misleading. Intact families can be sued in NY. Try again.

 

[amberreger]

The problem is grandma has standing. Because you are NOT the only parent this child has. He has two parents and two families. The court will entertain this case because grandma has standing for the reasons Rushia stated. You speak of your control over your child as his parent but what about dad's control? You don't seem to see that he has rights as a parent. You are dictating that. When parents are not together, the court is invited into their lives to make decisions. Because you and dad are not together, grandma is the one issuing the invitation for the court to step in.

can you please leave the father out of this he has nothing to do with this situation and i do see that he has rights and i am not taking them away from him so until you know the whole situation between my sons father and I please stop bringing him up and commenting about him thank you

 

[amberreger]

Trust me, I understand and I agree, but you have to be calm. Make sure you have an attorney to do this for you. It's exactly why my ex's parents sued me. I wouldn't hand over the children every. single. time they asked.

I understand that you're venting but you cannot sue any family member for visitation. In NY, that privilege is for grandparents and siblings.

I was just trying to get my point across about how crazy this all sounds to me. In your case did the grandparents win court ordered visitation? During the 3 years it took for your case to end was there any temporary order they set up for the grandparents?

 

[Ohiogal]

Sigh, once again, trying to drag dad into it. This is misleading. Intact families can be sued in NY. Try again.

DAD is part of it as it is HIS mother suing. She has standing because she is DAD's mother. This child has TWO parents and two families -- both mom's family and dad's family. Hence two families. Grandma is inviting the court into this because the parents are not together. There is nothing misleading about what I said. It is all true. No where did I say that intact families can NOT be sued. This situation does NOT involve an intact family. And good grief, I even deferred to you and told the OP that. Care to jump on me anymore? Or read into it what YOU want to read into it?

 

[Proserpina]

I was just trying to get my point across about how crazy this all sounds to me. In your case did the grandparents win court ordered visitation? During the 3 years it took for your case to end was there any temporary order they set up for the grandparents?

(I'm trying not to breach Rushia's privacy here but yeah - she really got the poopy end of the stick)

 

[Ohiogal]

can you please leave the father out of this he has nothing to do with this situation and i do see that he has rights and i am not taking them away from him so until you know the whole situation between my sons father and I please stop bringing him up and commenting about him thank you

The problem is dad does have something to do with the situation> HE is the other parent. He is why grandma (his mother) has standing -- because he is the other parent. Did grandma sue dad as well?
Oh and you don't get to dictate what I post. You need to comprehend that dad is 50% of the situation -- you are the other 50%. Unless both mom and dad are sued by the grandparent, there is not proper jurisdiction for the court to decide anything.

 

[Rushia]

DAD is part of it as it is HIS mother suing. She has standing because she is DAD's mother. This child has TWO parents and two families -- both mom's family and dad's family. Hence two families. Grandma is inviting the court into this because the parents are not together. There is nothing misleading about what I said. It is all true. No where did I say that intact families can NOT be sued. This situation does NOT involve an intact family. And good grief, I even deferred to you and told the OP that. Care to jump on me anymore? Or read into it what YOU want to read into it?

Yes, stop bringing up the OP's decision on whether or not to coparent with the father. It's NOT relevant to the situation at hand. HIS mother will have to sue OP and her OWN son. If OP and the father were HAPPILY married, Gramma COULD STILL SUE HER. Understand now? Gramma could still invite the court into a happily married couple and WIN. Your repeated attempts to berate the OP for her coparenting choices is NOT going to fly here. It means very little in a GPV suit in NY. I've BTDT and know better.

I will continue to harp on this as I know this board and I know well enough that the cronies will be here soon enough to stand behind you ala Lilo and Stitch going "Yeahhhhh" or the infamous "Well, let's not listen to the ONLY attorney to answer your post..."

So I thought it best to avoid the drama and the old "Well OP got snippy so now we don't have to answer her".

 

[amberreger]

The problem is dad does have something to do with the situation> HE is the other parent. He is why grandma (his mother) has standing -- because he is the other parent. Did grandma sue dad as well?
Oh and you don't get to dictate what I post. You need to comprehend that dad is 50% of the situation -- you are the other 50%. Unless both mom and dad are sued by the grandparent, there is not proper jurisdiction for the court to decide anything.

I understand that he is part of it because he is the dad and it is his mother and family. But no she didnt sue him as well because she doesnt want to go against her own son in court i talked to her son about this, he said she doesnt want to sue him because she knows she would lose in a court case against him since she was an abusive mother and put him through a lot of hell growing up, and he recently took her to court for a reason i wish not to disclose on here where he won and she lost the case because he was able to prove the was a neglectful mother and caused him emotional and mental turmoil. So since she wont win against him she is trying to bully just me into this and i dont feel like its fair.

 

[Ohiogal]

I understand that he is part of it because he is the dad and it is his mother and family. But no she didnt sue him as well because she doesnt want to go against her own son in court i talked to her son about this, he said she doesnt want to sue him because she knows she would lose in a court case against him since she was an abusive mother and put him through a lot of hell growing up, and he recently took her to court for a reason i wish not to disclose on here where he won and she lost the case because he was able to prove the was a neglectful mother and caused him emotional and mental turmoil. So since she wont win against him she is trying to bully just me into this and i dont feel like its fair.

She has to sue both you and dad. If she doesn't, she can't progress with the case. If she hasn't sued dad, then ask for the case to be dismissed. You apparently don't understand how much a part of it he actually is. She has to sue him in addition to you.

 

[Rushia]

I was just trying to get my point across about how crazy this all sounds to me. In your case did the grandparents win court ordered visitation? During the 3 years it took for your case to end was there any temporary order they set up for the grandparents?

Regrettably, yes. My attorney didn't fight hard enough to stop it and I didn't have the money to appeal the decision as the case was still ongoing at the time.

In the end, yes, HE got something. I was sued by Grampa and Stepgramma, AND Gramma. Grampa won some visitation. Stepgramma cannot sue by statute. Gramma lost cause Dad lived with her. The court decided that it would not send my children over there to her when Dad was already there. No double dipping for lack of better terms.

 

[Eekamouse]

You're right, it's not fair but she's going to do what she's going to do to get you to bend to her will. Doesn't mean she will win but she will waste your time in court.

 

[Ohiogal]

Yes, stop bringing up the OP's decision on whether or not to coparent with the father. It's NOT relevant to the situation at hand. HIS mother will have to sue OP and her OWN son. If OP and the father were HAPPILY married, Gramma COULD STILL SUE HER. Understand now? Gramma could still invite the court into a happily married couple and WIN. Your repeated attempts to berate the OP for her coparenting choices is NOT going to fly here. It means very little in a GPV suit in NY. I've BTDT and know better.

I will continue to harp on this as I know this board and I know well enough that the cronies will be here soon enough to stand behind you ala Lilo and Stitch going "Yeahhhhh" or the infamous "Well, let's not listen to the ONLY attorney to answer your post..."

So I thought it best to avoid the drama and the old "Well OP got snippy so now we don't have to answer her".

You have got to be kidding. I am not attempting to berate her for her coparenting choices. Give it a rest and quit assuming. You are thinking you know where i am going and you are wrong. I am not saying that gramma couldn't sue her and her son. How about you go find your cronies to jump on me. You apparently want to be on that bandwagon. NO where did I berate her for her coparenting choices. But whatever. How about you read what I am actually writing and not read into it with your assumptions?

 

[Rushia]

She has to sue both you and dad. If she doesn't, she can't progress with the case. If she hasn't sued dad, then ask for the case to be dismissed. You apparently don't understand how much a part of it he actually is. She has to sue him in addition to you.

100% correct. When is court? Did she actually serve you yet? Where in NY are you (you can PM this part)?

 

[Rushia]

You have got to be kidding. I am not attempting to berate her for her coparenting choices. Give it a rest and quit assuming. You are thinking you know where i am going and you are wrong. I am not saying that gramma couldn't sue her and her son. How about you go find your cronies to jump on me. You apparently want to be on that bandwagon. NO where did I berate her for her coparenting choices. But whatever. How about you read what I am actually writing and not read into it with your assumptions?

Really!? LOL! I have no cronies nor do I need any. Stop backpedaling. You are berating her and it's not relevant here.