parent's versus grandparents' rights

[rsummers6]

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

okay, i am new to this, so please be patient and bear with me...

what rights-if any-do grandparents have in regards to their grandchildren? my parents are currently suing me for visitation of my two boys (ages 7 & 9). their attorney told me that they, ultimately, want to keep me in the state of north carolina (i am planning to move out of state to start over, so to speak, with my current boyfriend of two years). can they really do this, legally?! don't they have to prove me unfit first? what do i need to do (besides obtain an attorney) in preparation for this? please help. (see link below for initial thread, posted in custody/ visitation...)

[url]http://forum.freeadvice.com/civil-litigation-46/parental-versus-grandparents-rights-471924.html[/url]

[perroloco2]

I'm copying the other pertinent information from the other thread. It's easier for anyone else who reads it.



IsabellaSoriano = pfft, they cannot stop you from moving. unless you are an unfit parent such as tying your children to the railroad tracks and holding a drug needle to their arms AND they are suing you for custody, they cannot stop you.

however....answer this question. where is the father/s of these two boys?



rsummers6 = that's where it gets a bit more complex... he has been estranged from them for the last five years. we were never married, so there has never been a custody order in place. aside from the fifty dollars child supporti have gotten (court ordered) for the past year, he has been no help-financially or otherwise. he has heard about my plans to move, and has now decided to become a concerned parent and sue me for permanent sole custody. while there is absolutely no way this is gonna happen, the attorney for my parents told me since there is a current custody "battle" going on, that my parents can "throw their hat in the ring", and he quoted some nc statute (sp?)... not to sound like a wicked psycho, but i think he did this at prompting from my mother (with his custody case going on, she is then able to intervene, and seek visitation, and "keep me in nc" as the atty told me)... does that make it a little clearer, or are you waay confused now? it's all a huge mess. and, no, i have never duct taped my children to chairs, or stapled their lips shut or anything. all acusations against me are totally bogus. i am a thirty year old woman, who has ALWAYS done everything in the best interest of my children. whheeeew, that was alot.



rsummers6 = last contact was a couple of moths ago. it is sporadic, usually a max of three times a year. no, there was never any type of custody or visitation arrangements, it was just kinda like, we're over, so you have the kids and i'll see 'em when it's convenient for me... i had to change my phone number yesterday, because 99% of the phone calls i get from him are between 12 & 4 am, telling me on my vm how much he misses me, and wants to see me... nothing about the boys. it all just seems absolutely ridiculous, especially to hear myself explain it to someone else. i know he will not get custody, particularly because he has no job, does drugs, was abusive to me when we were together, has a lengthy criminal record, etc... i can pick 'em, huh?!
but i am concerned with a judge ordering visitation for him OR my parents, where he would REQUIRE me to stay in this god-forsaken state...

[rsummers6]

ok, thanks for your help

[perroloco2]

How would you describe your children's relationship with your parents? How often did they see each other? Did the children ever live with your parents?

As your parents' lawyer told you, if your ex files for custody, then they can file for visitation. If he doesn't, then they can't. How likely is it that your ex will file?

[LdiJ]

Originally Posted by perroloco2

How would you describe your children's relationship with your parents? How often did they see each other? Did the children ever live with your parents?

As your parents' lawyer told you, if your ex files for custody, then they can file for visitation. If he doesn't, then they can't. How likely is it that your ex will file?

Not quite correct. The can throw their hat into the ring on dad's suit, but they could also file on their own, even if dad wasn't filing.

I don't think that either her parents or the father are going to be able to stop her move, in the end.

The judge cannot give custody to her parents without finding both she and dad unfit, and the judge really cannot justify giving custody to dad with the scenario described. Therefore, the judge cannot force her to remain in NC with the children.

Also, the judge really cannot carve up the child's time all that much. Therefore if dad were to get standard visitation it would be difficult for the judge to also award visitation to the grandparents.

[perroloco2]

Originally Posted by LdiJ

Not quite correct. The can throw their hat into the ring on dad's suit, but they could also file on their own, even if dad wasn't filing.

Are you sure about that? Everything I've been able to find says they can file only during a custody proceeding.

Grandparent Rights to Visitation: Visitation may be granted as a part of any order determining custody of the child. Chapter 50, Section 50-13.2 (G.S.N.C. §50-13.2).

I don't think that either her parents or the father are going to be able to stop her move, in the end.

The judge cannot give custody to her parents without finding both she and dad unfit, and the judge really cannot justify giving custody to dad with the scenario described. Therefore, the judge cannot force her to remain in NC with the children.

I don't think the grandparents are pursuing custody. The father has said that he will per her post.

Also, the judge really cannot carve up the child's time all that much. Therefore if dad were to get standard visitation it would be difficult for the judge to also award visitation to the grandparents.

[Rushia]

Originally Posted by perroloco2

I don't think the grandparents are pursuing custody. The father has said that he will per her post.

While I usually won't answer for another person, I think what Ldij is explaining is that in a parent vs parent move away case, the parent remaining stands a chance of having custody given to them. A judge CANNOT give custody to the gps cause they remain in the area.

[rsummers6]

perroloco2-that is correct, their father is currently seeking custody. i was told by my parents' attorney that they cannot ask for visitation rights unless he were doing (the father) what he's doing... no, they have never lived with my parents, and they have had a "normal" relationship--would spend the night, on occasion, go to church with them, went on vacation once with them (minus me), etc... they have currently been seeing them about once a week or so...

[perroloco2]

Originally Posted by Rushia

While I usually won't answer for another person, I think what Ldij is explaining is that in a parent vs parent move away case, the parent remaining stands a chance of having custody given to them. A judge CANNOT give custody to the gps cause they remain in the area.

You're right, I jumped the gun on that.

[rsummers6]

ok, so say for instance-no custody, only visitation for the father, and then visitation for the grandparents (custody isn't an issue with them, as far as i know...), does this mean a judge would/ could order me to stay in nc?!..

[Rushia]

Originally Posted by rsummers6

ok, so say for instance-no custody, only visitation for the father, and then visitation for the grandparents (custody isn't an issue with them, as far as i know...), does this mean a judge would/ could order me to stay in nc?!..

Only on the behalf of the father. If you can prove the little to no contact you MAY have a shot at moving. Is it possible that your parents are pushing the father to do this?

[rsummers6]

yes, it is not only possible, but extremely likely that they are urging him to do this. and proving little/ no contact is no problem-because there is none. so you think i have a decent shot at it?

[IsabellaSoriano]

Originally Posted by rsummers6

yes, it is not only possible, but extremely likely that they are urging him to do this. and proving little/ no contact is no problem-because there is none. so you think i have a decent shot at it?

i'm not the move away type of parent. and i've never been a supporter for a parent wanting to move away from the other parent, but in your case, i'd take a shot.

look around for attorneys in your area. those that have a feel for the courts and know the judges. this is worth a little legwork.

keep in mind, it HELPS to be workable with the transportation.

[rsummers6]

ok, thank you.