It just doesnt end does it?...lol... GPV Round 2!

[liandrajade]

What is the name of your state (only U.S. law)? NY baby

wow guys I had all about 3-4 weeks max of no drama right?

ah yes, it has begun....again....

GP is now trying to get a restraining order against my husband over an "alleged incident" that happened Dec 29th 2009.

so here is the timeline:

1-"Supposedly" GP was "hit with a toy" and my husband cursed her out on Dec 29th 2009{of course conveniently it was her and her husband that "allegedly" witnessed this incident}

2-GP WAITS a week to make an incident report with a police precinct in OUR area. She makes her "incident report" Jan 4th 2010 AT 630PM, a full week later AND the day before we had our trial....interesting isnt it?

3-GP LOSES custody case and agrees to order or visitation with me on Jan 6th 2010.

4-GP files a family offense petition on Jan 22nd 2010 and is trying to get a restraining order against my husband, it is also very interesting to note that a temporary order WAS NOT GRANTED. Not like in my case where they gave it to me on the spot...that would seem to insinuate she did not have enough evidence to garner even getting a temporary order.

My husband has to show up and a judgement has to be found that he actually committed the offense FIRST, then they can possibly issue a restraining order, conveniently she is asking that if a restraining order is issued that my husband not menace harass or assault her and to stay away from her, her home, her job and anywhere she may be.

So she is effectively trying to use my husband as the means to have grounds to modify or seek a modification or change in her current order with me, remember that under our current order she can only request a modification on a best interest standards based on CIRCUMSTANCES and evidence from 1/6/10 and forward....well looky looky she is trying to create a circumstance now....

Once again, my life is further proof of how grandparents will use the legal system any way they can to attempt to make peoples lives miserable. I am 99999999999999999999999999999999999999999999.9% sure this nonsense is just a means for her to try and either modify her current visitation order or to attempt another custody proceeding by using my husband as a tool for her crazy schemes.....

advice, opinions?

 

[Isis1]

so, now grandma DESERVES to have that toy thrown at her.

good grief L. sorry to hear about that. sounds like to me that's what she is trying to do. but i'm thinking, grandma's visitation isn't supervised right?

so even if your husband beat her to a pulp, it should have NO bearing on the visitation. only whether or not husband is present during the exchanges. no change of circumstance for the CHILD. shoot, the child's dad could beat her to a pulp and it wouldn't change anything. at least that was my take on it.

 

[frylover]

so, now grandma DESERVES to have that toy thrown at her.

good grief L. sorry to hear about that. sounds like to me that's what she is trying to do. but i'm thinking, grandma's visitation isn't supervised right?

so even if your husband beat her to a pulp, it should have NO bearing on the visitation. only whether or not husband is present during the exchanges. no change of circumstance for the CHILD. shoot, the child's dad could beat her to a pulp and it wouldn't change anything. at least that was my take on it.

Honestly, I"m not a violent person, but I'm kinda starting to wish SOMEONE would beat Granny to a pulp!

 

[LdiJ]

Honestly, I"m not a violent person, but I'm kinda starting to wish SOMEONE would beat Granny to a pulp!

This sure as heck is one "toxic" grandparent.

This isn't going to go anywhere, particularly when its brought to the judge's attention that grandma just lost a case for custody of the grandchild.

I simply do not understand grandparents like this.

 

[TinkerBelleLuvr]

The ALLEGED incident happened PRIOR your court order. It's not a matter of when a court order is issued for the ALLEGED incident, but, WHEN the ALLEGED incident happened. If it was such an issue, why not bring it up in court when she was there?

 

[liandrajade]

The ALLEGED incident happened PRIOR your court order. It's not a matter of when a court order is issued for the ALLEGED incident, but, WHEN the ALLEGED incident happened. If it was such an issue, why not bring it up in court when she was there?

ah but she did, remember trial was 2 days, 1/5/10 & 1/6/10, on the 5th she got to say her piece and on the 6th I was supposed to testify and state my case, but instead she agreed to the court order we have now...

i got a summary judgement that nothing that happened before 1/6/10 can be used AGAINST ME in any future proceedings for custody/visitation...she gets her min order for visitation also as part of our order.....BUT by bringing a restraining order request against my husband, she can try to argue that this is a valid circumstantial change that merits a best interest hearing to get whatever modified or changed etc....

 

[LdiJ]

ah but she did, remember trial was 2 days, 1/5/10 & 1/6/10, on the 5th she got to say her piece and on the 6th I was supposed to testify and state my case, but instead she agreed to the court order we have now...

i got a summary judgement that nothing that happened before 1/6/10 can be used AGAINST ME in any future proceedings for custody/visitation...she gets her min order for visitation also as part of our order.....BUT by bringing a restraining order request against my husband, she can try to argue that this is a valid circumstantial change that merits a best interest hearing to get whatever modified or changed etc....

It honestly not going to help her. She may think that it does, but its not going to help her.

 

[TinkerBelleLuvr]

So she agreed to a stipulated agreement knowing full well what did or didn't happen on 12/29/2009, right?

Since you say that she said her piece, which probably included the incident that happened a week prior, and STILL agreed to what she agreed to, the judge will see what she is trying to do.

 

[mommyofmany27]

From your previous postings it seems like her lawyer finally realized how much of a liar he had for a client. Hopefully, he'll magically somehow get wind of Granny's latest stunt and strongly advise his client to knock it off.

Anyway, good luck to you! You're pregnant, right? What is wrong with Granny???? She seems to need a new hobby.

 

[BL]

What is the name of your state (only U.S. law)? NY baby

wow guys I had all about 3-4 weeks max of no drama right?

ah yes, it has begun....again....

GP is now trying to get a restraining order against my husband over an "alleged incident" that happened Dec 29th 2009.

so here is the timeline:

1-"Supposedly" GP was "hit with a toy" and my husband cursed her out on Dec 29th 2009{of course conveniently it was her and her husband that "allegedly" witnessed this incident}

2-GP WAITS a week to make an incident report with a police precinct in OUR area. She makes her "incident report" Jan 4th 2010 AT 630PM, a full week later AND the day before we had our trial....interesting isnt it?

3-GP LOSES custody case and agrees to order or visitation with me on Jan 6th 2010.

4-GP files a family offense petition on Jan 22nd 2010 and is trying to get a restraining order against my husband, it is also very interesting to note that a temporary order WAS NOT GRANTED. Not like in my case where they gave it to me on the spot...that would seem to insinuate she did not have enough evidence to garner even getting a temporary order.

My husband has to show up and a judgement has to be found that he actually committed the offense FIRST, then they can possibly issue a restraining order, conveniently she is asking that if a restraining order is issued that my husband not menace harass or assault her and to stay away from her, her home, her job and anywhere she may be.

So she is effectively trying to use my husband as the means to have grounds to modify or seek a modification or change in her current order with me, remember that under our current order she can only request a modification on a best interest standards based on CIRCUMSTANCES and evidence from 1/6/10 and forward....well looky looky she is trying to create a circumstance now....
Once again, my life is further proof of how grandparents will use the legal system any way they can to attempt to make peoples lives miserable. I am 99999999999999999999999999999999999999999999.9% sure this nonsense is just a means for her to try and either modify her current visitation order or to attempt another custody proceeding by using my husband as a tool for her crazy schemes.....

advice, opinions?

She may or may not be trying something fancy .

Bottom line ,she " Agreed " to a stipulated settlement .

If , she tries to back into court with this , an especially after the " alleged " incident the court will see it for what it is.

 

[lkdhope]

From your previous postings it seems like her lawyer finally realized how much of a liar he had for a client. Hopefully, he'll magically somehow get wind of Granny's latest stunt and strongly advise his client to knock it off.

Anyway, good luck to you! You're pregnant, right? What is wrong with Granny???? She seems to need a new hobby.

I believe granny's atty issued the service. L did indicate to me that granny still has the same atty, so I am assuming he was involved w/this summons. If so, he either thinks he has some master plan or he is simply soaking gaggyma for every cent he possibly can. The toxic ones out there will push and push for the attention they feel they must get and are by their own right, are entitled to. I would venture to guess that many atty's make a very lucrative career out of such individuals. (I know my stepson's gp's paid out a hefty amount of cash to their atty during my dh's near three year court battle with them. Hard to say how much exactly. The first atty they retained basically told them to pound sand after speaking to dh's atty as they did not have a case. My dh's atty told him to just wait because they would find an atty that would represent them. He was right.) Gaggyma is retaliating due to she is not satisfied w/her very minimal court order for visitation as it leaves her without any sense of control. She is trying her best to insert a knife deeper into her daughter's back by trying to gain more control by what she thinks is going to hurt her. No regard to how this familial discord and court BS can have a negative effect on the child---gee, imagine that ... Hopefully, this latest action of her's will only backfire on her due to just as BL stated, the court will see her actions for what they are worth.
__________________

 

[liandrajade]

So she agreed to a stipulated agreement knowing full well what did or didn't happen on 12/29/2009, right?

Since you say that she said her piece, which probably included the incident that happened a week prior, and STILL agreed to what she agreed to, the judge will see what she is trying to do.

yes she brought up the "alleged incident" during trial on 1/5/10, she STILL AGREED to the visitation order....

as i sit here trying to figure this out, logic would dictate that this is just a ploy to somehow show a change in circumstances to go for either a modification of her current visitation order or to try again for custody. This is my line of thinking:

my childs natural father is the in the army, he went back on active duty, my husband is my childs step father who is around raising her and does everything for myself and my child so its not a far fetched to think if she tries to get a restraining order against my husband.

she can then use that against me and try to get visitation modified since she will not be able to pick up/drop off my child at my house, this would be her "reason" to substantiate entering a modification petition....basically this can be twisted any way they think they can use it against me....

oh and yes she is using the SAME attorney....interesting....

 

[LdiJ]

yes she brought up the "alleged incident" during trial on 1/5/10, she STILL AGREED to the visitation order....

as i sit here trying to figure this out, logic would dictate that this is just a ploy to somehow show a change in circumstances to go for either a modification of her current visitation order or to try again for custody. This is my line of thinking:

my childs natural father is the in the army, he went back on active duty, my husband is my childs step father who is around raising her and does everything for myself and my child so its not a far fetched to think if she tries to get a restraining order against my husband.

she can then use that against me and try to get visitation modified since she will not be able to pick up/drop off my child at my house, this would be her "reason" to substantiate entering a modification petition....basically this can be twisted any way they think they can use it against me....

oh and yes she is using the SAME attorney....interesting....

It makes no sense at all. The attorney convinced her to take 36 hours a month (without you even presenting YOUR case) because he saw how things were going. It makes no sense that the attorney would help her with this bogus restraining order unless the attorney is simply willing to take her money.

Anyway, its simply not going to help her.

 

[TinkerBelleLuvr]

Grandma agreed to 36 hours visitation per YEAR, at minimum. With that said, liandra and grandma have to meet up somewhere how often? So, hubby isn't around at pickup or delivery time.

Can't figure out what grandma thinks she's gonna accomplish.

 

[liandrajade]

From your previous postings it seems like her lawyer finally realized how much of a liar he had for a client. Hopefully, he'll magically somehow get wind of Granny's latest stunt and strongly advise his client to knock it off.

Anyway, good luck to you! You're pregnant, right? What is wrong with Granny???? She seems to need a new hobby.

yep im 7 1/2 months pregnant, actually shes using the same attorney,i have some comments on that but i will keep that to myself ;}...