• 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.

concerned

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

eislay

Junior Member
What is the name of your state? TEXAS

I have never been married to my 9-year-old son's father. In all those year he has been behind in child support. Just recently my son has not wanted to visit with his father. I have never forced him to go with him either. Recently father's parents have taken me to court to get visitation with the child. They have never been a part of my son's life in his 9 years. Not one call, letter, card, visit, NOTHING!!! Well needless to say the court granted the grandparents visitation on every 1, 3 and 5 Saturday of the month from 10 a to 8 p and if that was not bad enough I have to drive him out of my county to another county (30 mile round trip) to a destination of their choice?????? Granted the father still has his visitation. WHY????????? Please help me understand if this is a fair decision or not!!!!!
 


stealth2

Under the Radar Member
You havemn't provided anywhere near enough information for anyone here to tell you why the grandparents got visitation. But they did. And therefore you have to follow the order.
 

eislay

Junior Member
Supposedly the father is working out of town and this is why they want visitation. According to the AG office he had been working out of state the months of Dec, Jan and Feb. They now received notice that he is no longer employed there. So I do not know what is going on with him as he never keeps me informed because "it is none of my business." According to my attorney he is going to, I guess, give up his visitations. Will this mean that the grandparents will be given the same visitation schedule as he had??? If he does this then would it be appropriate for me to ask him to give up his rights or will this do more harm than good, since he is and always has been behind in child support. What would be the process for my husband being able to adopt my son??
 

djohnson

Senior Member
2 issues.

First, it doesn't matter if your son wants to go with his father or not. You have to force him if there is court order. If not and you are keeping him from the father, then the father might actually have a good case for full custody.

Second, As long as bio father is in childs life, no judge is going to let him be adopted without just cause. Which means proving he is harmful to the child physically. You can't do this or you would have already done it in order to deny visitation.
 

LdiJ

Senior Member
eislay said:
What is the name of your state? TEXAS

I have never been married to my 9-year-old son's father. In all those year he has been behind in child support. Just recently my son has not wanted to visit with his father. I have never forced him to go with him either. Recently father's parents have taken me to court to get visitation with the child. They have never been a part of my son's life in his 9 years. Not one call, letter, card, visit, NOTHING!!! Well needless to say the court granted the grandparents visitation on every 1, 3 and 5 Saturday of the month from 10 a to 8 p and if that was not bad enough I have to drive him out of my county to another county (30 mile round trip) to a destination of their choice?????? Granted the father still has his visitation. WHY????????? Please help me understand if this is a fair decision or not!!!!!
That is an unusual grandparent visitation order...its quite outside of the norm. Are you still within the window to appeal? Its expensive to appeal but this one might be worth it. First, if the father has a visitation order than that order for the grandparent's makes no sense. Second, if the grandparents have no established relationship with the child they shouldn't have won, and 3) that much visitation is more than gps normally get these days if they DO have an established relationship.
 

Find the Right Lawyer for Your Legal Issue!

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