Persistent Grandmother

What is the name of your state? New York
My sons grandmother has not seen my two yr old on in over a year and a half . his father recently got incarcerated and she wants to take him on a 6 - 7 hour bus ride upstate. what are the chances that she will get visitation? Also She does not know my new adress if she files a petition and i dont receive it being that she doesnt know my new adress am i still obligated to go to court?
Does anyone know if I will have a bench warrant if she filed a petition and gat a court date and I dont show up? (remember I was never formally served but there is a court date already)

Kdestinys said:

What is the name of your state?What is the name of your state?What is the name of your state? New York
My sons grandmother has not seen my two yr old on in over a year and a half . his father recently got incarcerated and she wants to take him on a 6 - 7 hour bus ride upstate. what are the chances that she will get visitation? Also She does not know my new adress if she files a petition and i dont receive it being that she doesnt know my new adress am i still obligated to go to court?

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In order for her to sue you for grandparent visitation rights she would have to be able to actually serve you. This isn't something that can be done via publication. She clearly does not have a pre-existing relationship with the child so her odds of winning a visitation case (assuming that she is able to serve you) are quite slim.

Even if she were somehow to win visitation, she couldn't take the child to visit dad in prision without either your permission or the permission of the courts. While I am aware of a few cases where judges have ruled that children should visit their incarcerated parents...the bulk of the cases I have seen had the judges stating that prision is no place for children.

I would love to be sitting in Court when granny tells the judge she wants visits so she can take the child to see daddy in prison .

Beware though this all could get nasty and cost you a lot of frustration and money for attorney fees , if either one , granny or Dad can track your address down . Their Petitions would have to be separate .

Believe it or not Dad could Petition for visits , and be awarded FREE legal services to boot .

However I agree , even IF they were find you to have you served ( you must be properly served ) , it's doubtful either one would be awarded visits .

As far as granny' persistence goes , you could always tell her to not contact you anymore .

She does not know my new adress if she files a petition and i dont receive it being that she doesnt know my new adress am i still obligated to go to court?

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" IF " she or he files a Petition , she or he would receive a copy of the summons to appear in court and have to have you properly served with it .

Meaning a person 18 years or older not a party to the action would have to Personally serve you ( no matter where you are ) , and fill out a Affidavit of personal service swearing ( by signing it ) and having it notorized , that they served you that summons to appear , and that affidavit would have to be entered into court record .

If you are not properly served the summons , but do get a summons , you should go to court and motion to have the Petition dismissed on lack of proper service .

Are you worried a person would file an affidavit of service even though they did not serve you , and you would then lose your case by default ?
It is a crime to illegally sign a document like that .

If you have been told there is a court date coming up , you should check with the Chief clerk of that court or records room .

Then go to court and try to get it dismissed by lack of proper service , or be prepared to proceed with the case .

I had this happen with me on a Child Support Petition . It went to the Mail to my mother's home . My Mother informed me it was there .

I would show up in Court , and when the case starts , inform the Judge you were not properly served . The Judge will check the record and see if an affidavit of service was filed . If the Judge feels you were properly served (yes the server could lie and state they personally served you at the other address and the Judge might actually believe it ) , you never know what to expect , you should ask for a continuance to prepare your case and hire an attorney .

In my case the Judge stated I was not properly served but I might as well get on with it , because I would be re-served properly , and have to go back anyways .

On this document the person that serves her must fill out wouldn't they need to put an address down as to where they (delivered) this. She could prove she doesn't live there, ie: utlity bill, drivers license ect with her actual address on it that would not be her mother address which the document was droped off at.