Very Concerned

[txrose1998]

What is the name of your state? TX

A little brief backstory:

Four years ago, when my daughter's father left us and I had to go back to work, my mom and step-dad where extremely helpful. I could afford part-time daycare, so the times I could not afford they took her. Fast foward to two years ago, I started a much better job and really did not need the "free daycare", but also did not want to keep my daughter from them because they had such a great relationship. So, I continued to let her spend a couple days a week with them, inlcuding one overnight a week.

Current Situation:

My daughter just started kindergarten and this has made her schedule even more full, given school and soccer and dance. My mother is pitching a fit. She is very upset that they are pretty much only going to get to see her one weekend a month, if that. My mother has a little bit of a personality disorder which causes her to have occasional outbursts. During on such outburt last week, she threatened to call the cops on me saying that they could take better care of my daughter than I could and they would go to court.

I am very concerned. I do not want to cut my daughter off from people she loves so much, but I do not want to have to bend to their every wish. Any advice would be helpful. If they went to court, what could they get? Cost could be a hinderance for them, are these generally very costly?

FYI: My daughter's father is not in the picture. He still has parental rights, but no access rights.

 

[De iure]

What is the name of your state? TX

A little brief backstory:

Four years ago, when my daughter's father left us and I had to go back to work, my mom and step-dad where extremely helpful. I could afford part-time daycare, so the times I could not afford they took her. Fast foward to two years ago, I started a much better job and really did not need the "free daycare", but also did not want to keep my daughter from them because they had such a great relationship. So, I continued to let her spend a couple days a week with them, inlcuding one overnight a week.

Current Situation:

My daughter just started kindergarten and this has made her schedule even more full, given school and soccer and dance. My mother is pitching a fit. She is very upset that they are pretty much only going to get to see her one weekend a month, if that. My mother has a little bit of a personality disorder which causes her to have occasional outbursts. During on such outburt last week, she threatened to call the cops on me saying that they could take better care of my daughter than I could and they would go to court.

I am very concerned. I do not want to cut my daughter off from people she loves so much, but I do not want to have to bend to their every wish. Any advice would be helpful. If they went to court, what could they get? Cost could be a hinderance for them, are these generally very costly?

FYI: My daughter's father is not in the picture. He still has parental rights, but no access rights.

If you are a fit parent & allow some access , their chances of getting court ordered visitation are slim . That's from the most current GPV case law in Texas , Mays v. Hooper .

 

[txrose1998]

If you are a fit parent & allow some access , their chances of getting court ordered visitation are slim . That's from the most current GPV case law in Texas , Mays v. Hooper .

Is this true, even though the have a strong established relationship? I am not trying to take her away from them totally. But I think it needs to be severly limited for now.

 

[De iure]

Is this true, even though the have a strong established relationship? I am not trying to take her away from them totally. But I think it needs to be severly limited for now.

Yes , it's true . Texas has some weak GPV rights , generally they only apply in cases of the death of one parent or the loss of parental rights of a parent .

§ 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. The
court shall order reasonable possession of or access to a
grandchild by a grandparent if:
(1) at the time the relief is requested, at least one
biological or adoptive parent of the child has not had that parent's
parental rights terminated;
(2) the grandparent requesting possession of or access
to the child overcomes the presumption that a parent acts in the
best interest of the parent's child by proving by a preponderance of
the evidence that denial of possession of or access to the child
would significantly impair the child's physical health or emotional
well-being; and
(3) the grandparent requesting possession of or access
to the child is a parent of a parent of the child and that parent of
the child:
(A) has been incarcerated in jail or prison
during the three-month period preceding the filing of the petition;
(B) has been found by a court to be incompetent;
(C) is dead; or
(D) does not have actual or court-ordered
possession of or access to the child

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 1397, § 1, eff. Sept. 1,
1997; Acts 2005, 79th Leg., ch. 484, § 4, eff. Sept. 1, 2005.


§ 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR
ACCESS. A biological or adoptive grandparent may not request
possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild
has:
(A) died;
(B) had the person's parental rights terminated;
or
(C) executed an affidavit of waiver of interest
in child or an affidavit of relinquishment of parental rights under
Chapter 161 and the affidavit designates an authorized agency,
licensed child-placing agency, or person other than the child's
stepparent as the managing conservator of the child; and
(2) the grandchild has been adopted, or is the subject
of a pending suit for adoption, by a person other than the child's
stepparent.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1390, § 13, eff. Sept. 1, 1999;
Acts 2005, 79th Leg., ch. 484, § 5, eff. Sept. 1, 2005.

 

[Bluemonkey]

I believe the GPs would also have to prove substantial harm would come by "ceasing" visitation which you are not doing.

I would have to think that if you have merely limited their visitation due to her schedule and they took you to court over it, they wouldn't look that great in front of a Judge.
The child has X amount of activities at various times as well as school. What can you do?
You let them see her when it's convenient for her. That's completely logical and acceptable.

I just wouldn't make any comments that could be misconstrued like "I'm limiting your time", or "I won't allow you to see her". That sounds threatening.

When they call and ask, just tell them that she's unavailable and here's why. Then document it so that if they do take you to court, you have some backup.

Blue

 

[txrose1998]

I believe the GPs would also have to prove substantial harm would come by "ceasing" visitation which you are not doing.

I would have to think that if you have merely limited their visitation due to her schedule and they took you to court over it, they wouldn't look that great in front of a Judge.
The child has X amount of activities at various times as well as school. What can you do?
You let them see her when it's convenient for her. That's completely logical and acceptable.

I just wouldn't make any comments that could be misconstrued like "I'm limiting your time", or "I won't allow you to see her". That sounds threatening.

When they call and ask, just tell them that she's unavailable and here's why. Then document it so that if they do take you to court, you have some backup.

Blue

Out of curiousity, if they took me to court and if the judge ruled in my favor, would they forced to pay my legal and court costs?

 

[LdiJ]

Out of curiousity, if they took me to court and if the judge ruled in my favor, would they forced to pay my legal and court costs?

No...that doesn't generally happen in a gpv suit. Personally I think it should happen, due to the specific nature of gpv suits...but its basically a non issue.

On the other hand however...because judges have little legal recourse when parents don't obey gpv orders, parents often get hit up for attorney fees when parents don't obey gpv orders.