• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

quick question??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tigger2two

Guest
What is the name of your state?NC

I keep reading over and over again that grandparents have no rights. My children;'s grandparents were given visitation by the judge during my ex and I's custody battle. When we went back to court DSS or CPS was there to tell the judge that the grandparents were found neglecting and abusing my kids. The judge still awarded them visitation just with restrictions of disciple. ??? duh its just commen sense not to bruise a child right?

My question is .. does anyone know why or how a judge could order something that was never even petitioned for by the grandparents? Even my attorney faught this bc she said it was highly unheard of.
 


rmet4nzkx

Senior Member
I re read your other thread and I thought this was resolved on the 17th?

Yes, grandparents have some rights in NC, but those rights should not allow anything that would otherwise violate the law or the children's safety. When you get the venue changed it may be easier to manage the situation if and or when there is a violation and keep cps on the case it should make a difference once they are working with the courts they generally work with.
 
T

tigger2two

Guest
yes we went back to court on the 16th of this month. The judge took some of the time away from them. they were getting them every sunday now they get the boys once a month. The grandparents were ordered not to leave bruises on the boys. Bc as i stated in that post they had done this numerous times in the past few months.

We are on a temp. order until Febuary bc the judge wants to see how well my ex and his new wife can co-operate and co parent. By reading all the emails that i had from my ex the judge realized that him trying to do anything other than cuss me out, was not happening. So he ordered that we get along!!! LOL. So far that hasn't faired well either. I can't get the change of venue until Febuary when that county signs the perm order. CPS is here in my county. The grandparents are being unco-operative with them as well. THe judge did order that the grandparents and the father take part in the kids counseling.

You said in NC they do have some rights. CAn you point me in the direction that I can better understand what those rights are. But even so, how did they get awarded custody that they never petitioned for?? Makes no sense to me.
 
T

tigger2two

Guest
also wanted to add that a child custody evaluator testified that grandparents should have supervised visitation if any and so did CPS and the judge didn't do that obviously.
 
T

tigger2two

Guest
But even so, how did they get awarded custody that they never petitioned for?? Makes no sense to me.[/QUOTE]


sorry that is supposed to be visitation not custody
 
T

tigger2two

Guest
thank you for those links they are very intresting and helpful. But all through those links im reading "grandparent petitioned for grand parental rights"

In my case they never petitioned for them the judge just granted them. And with all the proof of neglect and abuse. Should i just wait til the perm order is signed in feb and see if the judge still gives them these visitations? And if so should i then (once change of venue is place) try and have those rights removed?

Which maybe my kids will get lucky and the grandparents will tone it down now that a judge has said they need to. I sure hope that is the case. And if it is then I will have no complaint about the visitations.
 

tigger22472

Senior Member
No.. don't wait until it's permanent. Fight it now. Put in Grandparent's Rights North Carolina in your search engine and you'll see there are lots of places even just for NC. See what you can to to prevent it in the first place but how to appeal it after if the judge grants them.
 
T

tigger2two

Guest
thanks tigger! I will discuss this with my attorney again and see what we can come up with. We fought it tooth and nail last week in court but maybe by febuary we can find something to make the judge change his mind. Thank you for all your help thou.
 

tigger22472

Senior Member
Have that lawyer do what he/she is paid to do ... have him/her continue to fight it and not accept the judges ruling when it comes out if the judge continues to allow the rights... have your lawyer file an appeal based on the fact alone that CPS and the counselor both said supervised and the judge didn't listen.
 
T

tigger2two

Guest
I will do that! I'm also going to go to law school (joke) these ppl make a fortune lol! 10 thousand in it already and she gets 275 and hour for all this stuff too. Boy kids really are expensive LOL but more than worth it. Thanks again tigger. I am going to call first thing in the morning and see what i can get going.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top