Harassing grandmother

[Bbays]

What is the name of your state (only U.S. law)? Ohio. I divorced my daughters father 2 years ago. However when we divorced he was a drug addict going thru rehab. So his mother filed a motion of grandparents rights. My ex husband is now drug free and is keeping a job and has remarried and keeping a stable home as do I. His mother was granted her visitation rights while he was trying to recover. Now that everything is back to normal his mother still harasses me to give her time with our daughter and threatens me with contempt to court every time I dis agree with her and tell her my ex husband and I can handle our child not her. I feel like she over steps boundaries and find myself telling her that our daughter is our daughter and we will handle it because for some reason she trys to act as her mother. I need advice as to how to get her rights removed seems how both parents in this situation are fit parents.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio. I divorced my daughters father 2 years ago. However when we divorced he was a drug addict going thru rehab. So his mother filed a motion of grandparents rights. My ex husband is now drug free and is keeping a job and has remarried and keeping a stable home as do I. His mother was granted her visitation rights while he was trying to recover. Now that everything is back to normal his mother still harasses me to give her time with our daughter and threatens me with contempt to court every time I dis agree with her and tell her my ex husband and I can handle our child not her. I feel like she over steps boundaries and find myself telling her that our daughter is our daughter and we will handle it because for some reason she trys to act as her mother. I need advice as to how to get her rights removed seems how both parents in this situation are fit parents.

What schedule was she given when she obtained visitation rights and what schedule was dad granted?

 

[Bbays]

What schedule was she given when she obtained visitation rights and what schedule was dad granted?

Father was granted rule 24 and rights of 1st refusal if I work longer than 6 hours. (Which he never uses his rights of 1st refusal seems how he lives 1 hour away) however if he doesn't use his rights his mother is the next one in line. I am finding it is hard for my daughter to be in a normal schedule if she is being dragged to 3 sometimes 4 different places in 1 week. Also grandmother always threatens contempt to court. I don't see how her rights are validated now that both parents are fit.

 

[LdiJ]

Father was granted rule 24 and rights of 1st refusal if I work longer than 6 hours. (Which he never uses his rights of 1st refusal seems how he lives 1 hour away) however if he doesn't use his rights his mother is the next one in line. I am finding it is hard for my daughter to be in a normal schedule if she is being dragged to 3 sometimes 4 different places in 1 week. Also grandmother always threatens contempt to court. I don't see how her rights are validated now that both parents are fit.

I am sorry, but unless you fully answer both questions I cannot offer any advice. "Rule 24" tells me nothing and you did not even attempt to answer the other question.

 

[Bbays]

I am sorry, but unless you fully answer both questions I cannot offer any advice. "Rule 24" tells me nothing and you did not even attempt to answer the other question.

Rule 24 in Ohio is visitation every other weekend starting Thursdays at 6 pm till Sunday at 6pm and on the off week he gets Thurs night at 6pm till Friday night at 6 pm. If he doesn't want his visitation then his mother automatically get to have his rights. She obtained these rights while he is in recovery.


So her rights to visitation are the same as the other parent if he doesn't wish to use his.

 

[LdiJ]

Rule 24 in Ohio is visitation every other weekend starting Thursdays at 6 pm till Sunday at 6pm and on the off week he gets Thurs night at 6pm till Friday night at 6 pm. If he doesn't want his visitation then his mother automatically get to have his rights. She obtained these rights while he is in recovery.


So her rights to visitation are the same as the other parent if he doesn't wish to use his.

In that case, you are unlikely to be able to get her rights taken away. She is not taking away any time from you, she is only taking away time from her son...and only time that he is willing to give up. If you could convince him to take all of his time, then she would not get any.

As far as her interference into parenting the child is concerned, do not allow her to get away with that. She cannot have you held in contempt for not allowing her to butt into parenting. She has visitation rights, not joint legal custody.

 

[stealth2]

At the end of the day, you have a court order- nt a court suggestion. You need to follow the order or petition for a modification.

 

[ecmst12]

If dad is willing to agree, you could file for an agreed modification to remove his right of first refusal. Grandma can only take time from dad, so if it's time he doesn't use anyway, and it's disruptive to the child when grandma takes it, then just have him give it up voluntarily.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio. I divorced my daughters father 2 years ago. However when we divorced he was a drug addict going thru rehab. So his mother filed a motion of grandparents rights. My ex husband is now drug free and is keeping a job and has remarried and keeping a stable home as do I. His mother was granted her visitation rights while he was trying to recover. Now that everything is back to normal his mother still harasses me to give her time with our daughter and threatens me with contempt to court every time I dis agree with her and tell her my ex husband and I can handle our child not her. I feel like she over steps boundaries and find myself telling her that our daughter is our daughter and we will handle it because for some reason she trys to act as her mother. I need advice as to how to get her rights removed seems how both parents in this situation are fit parents.

How was she granted visitation as she did not have standing? Did you agree?

 

[LdiJ]

How was she granted visitation as she did not have standing? Did you agree?

Either she made an agreement or did not challenge grandma's standing.

 

[Ohiogal]

Rule 24 in Ohio is visitation every other weekend starting Thursdays at 6 pm till Sunday at 6pm and on the off week he gets Thurs night at 6pm till Friday night at 6 pm. If he doesn't want his visitation then his mother automatically get to have his rights. She obtained these rights while he is in recovery.


So her rights to visitation are the same as the other parent if he doesn't wish to use his.

WRONG. Rule 24 is a LOCAL rule in ONE county in Ohio.

 

[Ohiogal]

Either she made an agreement or did not challenge grandma's standing.

In Ohio, she didn't have standing UNLESS it was during a time that MOM was trying to MODIFY dad's time. I want to know what happened and how grandma got his time.

 

[Bbays]

How was she granted visitation as she did not have standing? Did you agree?

The grandmother got visitation rights because her son (the father) was in drug rehab. And the judge said it was in the best interest of the child to still see grandma. Which is fine. I never intended to keep my daughter away from her completely. However my attorney was not informative at all. That day in court I will never forget. My attorney told me the judge was giving her rights and I couldn't do anything about it. She never informed me that I could fight it or that the grandmother didn't even have "standing".
I just need to know how I file to change this and if I can do it without an attorney and what the outcome may be.

 

[Ohiogal]

The grandmother got visitation rights because her son (the father) was in drug rehab. And the judge said it was in the best interest of the child to still see grandma. Which is fine. I never intended to keep my daughter away from her completely. However my attorney was not informative at all. That day in court I will never forget. My attorney told me the judge was giving her rights and I couldn't do anything about it. She never informed me that I could fight it or that the grandmother didn't even have "standing".
I just need to know how I file to change this and if I can do it without an attorney and what the outcome may be.

You would need an attorney who knew what he/she was doing.