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Can mom decide?

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duckyme

Guest
What is the name of your state?NJ

Do I have to let my ex's parents (he passed away) see the children? There's alot to this story, but I'm just wondering if I stop visitation, can they take it to court or anything?

Thank you.
 


D

duckyme

Guest
what about limiting visitation. Do I have a say in how often, how long, and where?
It seems crazy that I dont get to decide who spends time with my children.... :mad:
 

stealth2

Under the Radar Member
If they take it to court and a judge orders visitation, you will have no say beyond what s/he permits. It would be up to you to prove to the judge why they should not have visitation.

*Normally*, it would be up to the parents. But when one of those parents dies, courts will consider a petition from those grandparents for visitation.
 

LdiJ

Senior Member
stealth2 said:
If they take it to court and a judge orders visitation, you will have no say beyond what s/he permits. It would be up to you to prove to the judge why they should not have visitation.

*Normally*, it would be up to the parents. But when one of those parents dies, courts will consider a petition from those grandparents for visitation.
I have to disagree slightly with that. Since the Troxel ruling the burden of proof is not on the parents, its on the grandparents. Although some judges still incorrectly put the burden of proof on the parents, there has been enough case law since then, nationwide, that most judges are correctly putting the burden of proof on the grandparents.

On the average the "norm" these days when a grandparent wins, is one visit per month. Sometimes as little as a few hours, other times as much as a full weekend. Anything more than that is very rare since Troxel.
 

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