grandparent visitation

[amyrosew]

What is the name of your state (only U.S. law)? new york


I was wondering if you could be of assistance to me. I am currently in a legal battle with my boyfriends mother. She has claimed that we, me and my boyfriend, who is the biological father, have denied her visitation with our daughter, her granddaughter, who is currently nine months old, which I have never done. What We have done is not allowed her to come and take our daughter without I nor my boyfriend going with her. We have also said that our daughter could not go over to her house, because she has two German Shepard dogs, that are not very nice, and she has a husband that drinks, and has put his hands on both my boyfriend, and her younger son throughout the years when they were dating, our daughters biological grandmother and her husband who is not her biological grandfather.

She either wants us to allow her to take our daughter to her house and leave her there for an extended period of time, or allow her to come and take our daughter from our house, to wherever she chooses without our knowledge or consent. When asked why she could not meet us at a neutral place, or come to our place of residence to see her granddaughter, she did not give us an answer and instead started attacking us with the reasons why she kicked us out of her house, which was before I had our daughter, and when I was two months pregnant with our daughter.

She has claimed that sense may 8th we have not let her see our daughter after repeated attempts to see her, which is false in two ways. The first way it is false is because she had seen our daughter on three dates after the date she claimed that we denied her the right to see her, which were July 12th, September 28th and October 18th. The reason for the distance between her seeing our daughter is because of a disagreement between us on the 12th of July, she refused to talk to us, which we have proof of by phone records.


Now, our lawyers, even though we can prove that she lied on a court document, seem to have forgotten the fact that we have stated time and time again that we have never denied her the right to see our daughter, we just gave her what we believe are reasonable stipulations that were stated above.


We can also prove that my boyfriends mother and my boyfriend have a very dysfunctional relationship. She is trying to put our daughter between her and my boyfriend, just as she did with my boyfriend and his biological grandmother. She put him in the middle of there relationship pushing him back and forth in between there fighting putting him in a tug of war type position.



Any advice on this would help, not sure what you could help us with, but anything would be great. Even with our lawyers we still feel like we are trying to do this on our own with evidence and witness gathering. Thanks in advanceWhat is the name of your state (only U.S. law)?

 

[Rushia]

You are in the second worst state for GPV. NY is favorable to gps. Was the stepgrandfather on the petition? Where in NY are you (if you aren't comfortable posting the info, send me a pm). I just got done with a gpv case that lasted 3 years. Some of your conditions are similar to mine and I can give you some ideas of what to expect.

 

[BL]

If the grandparent hasn't had frequent and meaningful relationship with grand child , or unless the grandparent can show the court it would be in the best interest of the grand child to have visits , the grandparent is at a great disadvantage .

Having said that , now that you both have attorneys , the court may strongly suggest both parties and their lawyers see if they can come up with an agreement .

If your attorney is around the courthouse and has been involved in grandparent visitation cases before , he/she should know the judges and advise you on how they/ a particular one usually rules on the matter(s) .

DO-NOT agree .

We have recommended not to agree in these / your types of case(s) , and posters have disregarded our advice , then come back complaining when what they thought they were agreeing to and the final order were different , that was ordered drawn up by one of the lawyers for the court .

Grandparents , even if awarded visits , have limited visitation rights , not that of a parent would receive .

I can't see extended visitations .

Typically a grandparent may receive up to about 8 hrs every other weekend , either Sat. or Sun.

No over nights .

 

[amyrosew]

You are in the second worst state for GPV. NY is favorable to gps. Was the stepgrandfather on the petition? Where in NY are you (if you aren't comfortable posting the info, send me a pm). I just got done with a gpv case that lasted 3 years. Some of your conditions are similar to mine and I can give you some ideas of what to expect.

No the grandfather wasn't in the petition, because he wants nothing to do with our daughter, well us either really. If he had a choice he nor the biological grandmother wouldnt have anything to do with us. We live in Western New York, we are attending the Batavia Family court.


I JUST WANT TO REMIND ANYONE WHO READS THIS THAT NEITHER I NOR MY BOYFRIEND HAVE EVERY DENIED HER THE RIGHT TO SEE OUR DAUGHTER! She just wants things her way and her way only! She doesnt want to come over to our house to see our daughter, doesnt want to go to a neutral place to see her, she wants things her way or no way, and we have our own reasons why we wont let our daughter to go over to her house, and reasons why we dont want her to just come and take our daughter and then leave.