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Grandparent's Intervention/Military Rights?

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deserted_island

Junior Member
What is the name of your state? TEXAS

My husband is an active duty airman currently stationed in Iraq. He abandoned me before our first child was born and we were in the proccess of divorcing when he recieved his orders. My son is now 10 months old and after only having called/seen my son one time my husband's Mother has taken me to court for a grandparent's intervention.

I researched this topic beforehand and felt reasonably sure that a judge wouldn't grant her court ordered visitation as she had no previous relationship with my child (of her own choice), I have never avoided calls or kept her from visiting with my son for any reason, and I doubted she could prove it would do mental/physical harm for her to not have visitation as she has never visited him before and that was her descision.

Today in court however I was completely devasted when my attorney told me that the judge was going to give her visitation no matter what because my husband is unable to excercise his visitation...he did not speak to the judge about it, he just told me that's what the judge would rule - and that my only option was to come to a visitation agreement and then go before the judge for approval. We left with her getting my son from 9:00am to 5:00pm on the 1st and 3rd Wednesday's each month.

I am disgusted with this ruling and quite overwhelmed. I have purposefully never kept my son away from his Grandmother regardless of how I felt towards her (she origionally insisted on and paid for a paternity test and refused to acknowledge my son's birth) because I would never have wanted to give a judge any reason to bring court-ordered visitation into what I believe should be resolved as a family.

I am only 20 and honestly don't have the funds to fight this readily at my disposal....please advise me on what to do next - find a new attorney? appeal? Help!

Also, she origionally agreed at our divorce hearing while trying for court ordered visitation that she would not smoke and would meet in a smoke-free environment and the one time she saw my son she smoked. She also agreed today that visitation would be smoke-free but I believe that to be another lie - do I have any options regarding this matter?
 


CJane

Senior Member
Was this a RULING - as in your attorney argued it in front of a judge and it was ORDERED that the grandmother receive visitation, or did you AGREE without a ruling?

It's an important distinction, and it seems like this was an agreement not a ruling.
 

deserted_island

Junior Member
It was an "agreement" that we came to before we went before the judge who essentially just approved it. Although it was obvious I did not agree but was told by my attorney that I had no choice and that was the end of it.
 

CJane

Senior Member
It was an "agreement" that we came to before we went before the judge who essentially just approved it. Although it was obvious I did not agree but was told by my attorney that I had no choice and that was the end of it.
Well, since you agreed to it, you can't appeal it.

You CAN attempt to modify it later.

You should NEVER have agreed to this - your attorney screwed you - though there's no real recourse for you there either.

When is the father due back from Iraq and what does the 'agreement' actually state EXACTLY?
 

deserted_island

Junior Member
My Husband is supposed to be back in the United States (South Dakota) in August and he will be on leave in Texas in October. We have a final divorce hearing on October 16th at which my attorney said we'll set up his visitation (b/c it will be different than what his Mom gets?).

I don't have a copy of the agreement because nothing was put into writing today. I didn't receive my temporary divorce orders in hardcopy until several months after our court date so I expect this will be the same.
 
I am only 20 and honestly don't have the funds to fight this readily at my disposal....please advise me on what to do next - find a new attorney? appeal? Help!
This is the reason your attorney told you to come to an agreement. Your attorney knows that once you agree you have no way to appeal it. Your attorney didnt want to do more work than he thought you could pay for. You dont need a divorce attorney, you need an attorney that specializes in parental rights. From what I understand Texas is a parent friendly state and Grandma may not have gotten anything. NEVER AGREE.

Take your question to Parentsrights.org. This is a website that deals with grandparent visitation there are alot of recources there as well. Good Luck.
 

LdiJ

Senior Member
This is the reason your attorney told you to come to an agreement. Your attorney knows that once you agree you have no way to appeal it. Your attorney didnt want to do more work than he thought you could pay for. You dont need a divorce attorney, you need an attorney that specializes in parental rights. From what I understand Texas is a parent friendly state and Grandma may not have gotten anything. NEVER AGREE.

Take your question to Parentsrights.org. This is a website that deals with grandparent visitation there are alot of recources there as well. Good Luck.
She needed advice BEFORE she went to court....sigh.

Her attorney really did screw her over.
 

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