Step Grandparent

MMarie999 · #1 04-22-2004, 01:23 PM

What is the name of your state? AZ

Grandparents filed petition for visitations. In the Petition states A and B are the maternal grandparents but one is not he is the step grandparent. What rights does a step grandparent have to file for visitation if he is not the maternal grandparent? Is there anything I can do about this before court that's in a week?

The grandparents filed a false petition to start and nothing in the petition is true and I can prove that with the documents I have. I have never denied visitations the grandchildren do see them. It is more of a revenge thing for gaining sole custody of my children.

What can I do in this case?

#2 04-22-2004, 01:31 PM

File a motion to dismiss and for lack of standing.

MMarie999 · #3 04-22-2004, 05:03 PM

How would I file that as far as wording if you can tell me.

Do I put: Motion to dismiss for lack of standing

I am in pro per so I file my own papers.

Thanks
Rob

#4 04-22-2004, 08:58 PM

If you have never denied visitation, why are they filing? And if you dont care if they see this "step"grandparent now, why would you in the future?

#5 04-22-2004, 11:39 PM

Why don't you want the grandparents to see their grandchildren?

MMarie999 · #6 04-23-2004, 01:56 AM

I do want the grandparents to see the children, never had a problem of them going with them when they have asked for them. I do not know why they want to do this at all. I tried to work it out in mediation but could not get anywhere. Even had the grandfather who should not be involved at all because he is not the maternal grandparent, he came out of his chair to point his finger at me. I had to leave first because of the actions the grandparents took in mediation. I told the grandparents they can see the children anytime and the children want to choose if they want to go they go because they will be 14 in a couple of months. There is lots more about the situation but it would take a long time to tell it. The mom in this situation has a drug addiction and that is why I gained sole custody with her having supervised visitation and the grandmother has let her see the children without my knowlegde that is another situation. I filed a response with the court many weeks ago but did not say I wanted them to not see the grandparents, I am not fighting grandparents rights I am fighting the dishonesty they presented to the court. The grandfather is not the maternal grandparent in this situation and has no rights from what I have gathered from lawyers. The grandparents was being so dishonest with the court on several points and that they filed a petition stating he was the maternal grandparent. That would be like my wife who is a step parent but has no rights what so ever in any case dealing with my children. If this is allowed why can't my wife who has raised my children as the mother for over three years with out the maternal mother doing anything, do you understand what I am saying now. It has nothing to do with them seeing the children. I did not think of this until a few days ago, and asked myself how can the step grandfather even be apart of the court issues if he in fact the step grandparent it should be the grandmother seeking visitation on her own. I am going to file a motion to dismiss because if this is allowed then other "steps" should be allowed to file visitation or be apart of the case even though they are just a step. I am not doing this to prevent the step- grandfather from seeing the children. Plain and simple the petition should not stand and if it does then the laws for every "step" should be changed. I think this is very important to let the court know what is really going on in this case, do you not agree?? I mean what would you do? This is not a case of me wanting to keep the children away from the anyone, I believe that the children should have a relationship with family because my wife divorce me and the children did not divorce anyone. Family is important rather its my ex in laws or whatever my children love the whole family and I could not even make myself prevent them from doing that, I could not hurt my children like that.

Rob
MMarie (wife)

tigger22472 · #7 04-23-2004, 02:08 AM

Feel rest assured that since mom is alive and does receive visitation it is unlikely that the grandparents will also get visitation legally especially if you can prove that the grandparent allowed mom to be around children unsupervised which is against the court order.

I have to say this though. As a step-parent I realize that steps have no rights but if ONE person ever told me my grandfather wasn't my grandfather simply because his blood didn't run through my veins someone would have to pull me off of them.

MMarie999 · #8 04-23-2004, 04:15 AM

Tigger what would you do if in my situation? I agree it does not matter what blood runs through the veins. I go to court in a week and I have a feeling it will be dismissed and the maternal grandmother will be asked to file over again with just her name on the petition. I do not want months going to court or waiting for court. I think if I filed to dismiss then it will be dismissed and the grandparents will have some time to think hoping we can work things out with out court, like we should for the children. I think if they would just listen and maybe take the kids and talk with them, it would not only be good for the kids but if they express they want to know their feelings it bring them closer together. Its not about them or I really its about the kids and their happyness. The kids live with set visitations with mom they do not want it with grandparents.

Rob

tigger22472 · #9 04-23-2004, 12:39 PM

I would go to court and just be honest and sincere with the judge, they like that. I would say... "I dont' mind the grandparents seeing the children, as I have told them many times." However, I would let it be known that grandma has allowed mom to see the children without your knowledge and have proof if you can and bring in the court order that says mom has supervised visitation. I really don't see much of anything coming of it honestly although I could be wrong. The fact of the matter is if you state you don't have a problem with them seeing them but you do have a problem with having to set aside specific times will help you. Grandparents rights are nearly don't exsist anymore and many people don't realize that. There are grandparents out there that get the idea that if they aren't allowed to see their grandchildren... no matter what the situation they can just walk into court and get a court to order visitation and it just doesn't work that way. When in court keep your emotions in check and just so the revelent things that pertain to this. The ages of the kids will help you too. When parents go for custody and visitation the ages of your kids lets them be heard but not necessarily be the deciding factor. With grandparents they are going to take into consideration that this is not a parent and it may seem unfair to send children to visit grandparents on a regular scheduled basis.