Grandparents suing for visitation

[LdiJ]

Yes,it can be considered criminal. Yes, it is an issue for which she can be extradited and yes, does doesn't want to ignore it.

I am sorry but that is just not true. Can a judge make a criminal contempt charge in a gpv case? Of course a judge can...if a judge wants to be guaranteed to be overturned on appeal.

However, even pre-Troxel judges were never successful in making it criminal and getting a parent extradited. Our group worked with thousands of parents in gpv cases pre and post Troxel, and that NEVER happened, because it couldn't happen. The only recourse the grandparent had was to bring the case to the new state for domestication, and hope to convince the judge in the new state to enforce the order.

I know one parent who was sentenced to six months in jail in Louisiana, and the grandparents pursued every possible avenue to get him arrested and extradited with zero success. Eventually the judge in the new state took jurisdiction and told the grandparents that while the law required him to grant them visitation, that it would not happen until the sentence was completely vacated, their case in Louisiana dismissed with prejudice, and they posted a large bond.

Now, could someone cite a case loosely connected to gpv where a parent got extradited? Sure. However whatever caused the parent to get extradited would not have anything to do with the gpv portion of the case, it would be due to some other aspect.

 

[Ohiogal]

I am sorry but that is just not true. Can a judge make a criminal contempt charge in a gpv case? Of course a judge can...if a judge wants to be guaranteed to be overturned on appeal.

However, even pre-Troxel judges were never successful in making it criminal and getting a parent extradited. Our group worked with thousands of parents in gpv cases pre and post Troxel, and that NEVER happened, because it couldn't happen. The only recourse the grandparent had was to bring the case to the new state for domestication, and hope to convince the judge in the new state to enforce the order.

I know one parent who was sentenced to six months in jail in Louisiana, and the grandparents pursued every possible avenue to get him arrested and extradited with zero success. Eventually the judge in the new state took jurisdiction and told the grandparents that while the law required him to grant them visitation, that it would not happen until the sentence was completely vacated, their case in Louisiana dismissed with prejudice, and they posted a large bond.

Now, could someone cite a case loosely connected to gpv where a parent got extradited? Sure. However whatever caused the parent to get extradited would not have anything to do with the gpv portion of the case, it would be due to some other aspect.

You are wrong. But whatever. I never said it would be CRIMINAL CONTEMPT. I said it could become criminal at some point -- in answer to Proserpina. Depends on whether the prosecutor files a criminal complaint -- but yeah... it could become a criminal case. Whether it would depends on the actual facts of the situation. Again, though, I don't see where this mother would have to worry about it because unless she agrees, I don't see the grandparents being awarded visitation.

 

[Karen A. Wyle]

Odds are good but get an attorney ASAP if you haven't

First, let me express my dismay that several people were eager to jump in and criticize your parenting, rather than address your question. FWIW, I doubt it's better to try to hide an inevitably stressful situation from a bright and curious child at the center of that situation. And of course it's good that you have provided a loving extended family environment for your son!

You do need to get a good family law attorney ASAP, if you haven't already. I am NOT an Ohio attorney, but I have material I could send to such an attorney (at no charge) if s/he isn't already up to speed on grandparent visitation issues. You should be able to find my contact information by looking me up online.

There is a decent constitutional argument against temporary visitation awards while a grandparent visitation suit is pending. The gist of it: the trial court must, as a matter of U.S. constitutional law recognized by Ohio, start out by presuming that your decisions re grandparent visitation are in your child's best interests. The grandparent has the burden of rebutting that presumption. How can one rebut a constitutionally required presumption without/before a full evidentiary hearing?

Again FWIW, and repeating that this is NOT legal advice, I believe you will be in good shape, opposing this petition, once you have competent representation. However, even though the burden is technically on the grandparents' side, you should be prepared to support your decision in court if necessary. Discuss with your lawyer which witnesses, if any, you can marshal besides yourself and your son (who may or may not be allowed to testify or to meet with the judge in chambers).

Karen A. Wyle, Indiana

What is the name of your state (only U.S. law)? Ohio
My ex husband and I divorced in January of 2014. His parents had very little relationship with my son (their paternal grandson) from birth to 5, and almost none from 5 til the time of the divorce, my son was almost 9 at the time of divorce and wanted us to get divorced and his dad to leave because of the way his dad treated us both. My son doesn't like them, is afraid of them, doesn't want anything to do with them. They've only made contact with him when it somehow benefitted them. They've threatened me, and spoken very badly of me in front of my son. They've made no effort to contact me or my son since the divorce, 18 months. The ex is in prison for violating my civil stalking protection order. They just filed a civil suit demanding grandparents rights to companionship and visitation. My son is devastated, crying, scared and doesn't want to see them. His life since the divorce has been rough, with the trouble caused by his father, and 5 months ago we moved to a different county, and he started a new school and has established a great and loving relationship with my boyfriends parents, who have "adopted" him (not legally) and treat him like he is their biological grandchild. He's finally adjusted and happy. I Don't want my son to have anything to do with them, and he doesn't either. They live 2 hours from me. How likely are they to win?

 

[OhioDivorcedMom]

Sorry Ohiogal I thought your questions were rhetorical. My son was not served with his own subpoena, my attorney mentioned that if my son did not want the visitation, that he needed to be the one to express that to the judge. I've never done anything like this before, so I just assumed he would be testifying the same as I would.

 

[LdiJ]

Sorry Ohiogal I thought your questions were rhetorical. My son was not served with his own subpoena, my attorney mentioned that if my son did not want the visitation, that he needed to be the one to express that to the judge. I've never done anything like this before, so I just assumed he would be testifying the same as I would.

In my opinion you have a very good shot at winning the gpv case. If you want to have the very best shot, then I suggest that you take Karen Wyle up on her suggestion to google her and get in touch to obtain the free information that she is wiling to provide. There isn't another attorney in the whole US that is more of an expert on the subject than she is.

 

[Ohiogal]

In my opinion you have a very good shot at winning the gpv case. If you want to have the very best shot, then I suggest that you take Karen Wyle up on her suggestion to google her and get in touch to obtain the free information that she is wiling to provide. There isn't another attorney in the whole US that is more of an expert on the subject than she is.

Except she is NOT licensed to practice in Ohio and is not familiar, most likely with OP's local courts.

 

[Silverplum]

Sorry Ohiogal I thought your questions were rhetorical. My son was not served with his own subpoena, my attorney mentioned that if my son did not want the visitation, that he needed to be the one to express that to the judge. I've never done anything like this before, so I just assumed he would be testifying the same as I would.

Why would Ohiogal bother to ask a bunch of rhetorical questions?

 

[Ohiogal]

Sorry Ohiogal I thought your questions were rhetorical. My son was not served with his own subpoena, my attorney mentioned that if my son did not want the visitation, that he needed to be the one to express that to the judge. I've never done anything like this before, so I just assumed he would be testifying the same as I would.

That would be done in camera -- meaning in the judge's chambers and it would be a conversation. So he wouldn't be testifying and many courts in Ohio frown on a child knowing about ongoing court cases. I have had parents reamed for discussing a case with a child. Depending on your county, you may find yourself chastised by the court.

 

[Ohiogal]

SHE STATED IN HER POST SHE IS NOT LICENSED IN OHIO. She stated that. If she is Indiana, the odds are better than not that she is not familiar with OP's local court.

 

[LdiJ]

She pops up on forums maybe once or twice a year that I have noticed. She is not the type of attorney who has the kind of time available to post regularly anywhere.

I have met and talked to her in the real world. She consults on cases all over the US.

Here, read this:

http://inappeals.com/files/2012/09/amicus1a.pdf