What is the name of your state (only U.S. law)? Illinois
I received papers that my ex's parents are suing me for grandparent's visitation rights. There son voluntarily signed over his rights to my children in July 2009. He owes $20000 in back child support. In July he signed over his rights then fled the state trying to outrun the child support order.
April 1, 2010 Child Support Enforcement found my lousy ex in Las Vegas, NV working at a casino. His employer was sent the necessary paperwork reguarding the child support order.
April 9, 2010 his parents sign papers to sue me for visitation. I believe that the only reason they have decided to try for visitation is because their son is going to have to pay CS.
The grandparents have never tried to contact me in anyway to ask for visitation. I have lived in the same house for 2 years and have worked at the same place since before my divorce so they can't say they had no way to find me (grandma used to drop the kids off at my home when I had a order of protection against my ex).
Grandma came to my children's Christmas program in 2009 but before that my son had not seen her since November 2008 and my daughter hadn't seen her since August 2008. They have not seen Grandpa since June 2008.
They did not have a good relationship with their Grandma at all. My daughter refers to her as "the evil one." She would tormented my daughter and I never let her go there on my time but my ex often left the children there when he had visitation. She would do a lot of yelling and tell my ex that my daughter was disrespectful causing my ex to punish her. It got so bad that the school bus driver began to notice how she would treat my daughter and reported it to CPS. At one point, she called the school and pretended to be me and had the children get off the bus at her house. When I found out, I called her home, she said they were not there. About 5 minutes later, my daughter called me whispering, she had to sneak into the bathroom to call me. I went out ther to get them (I was about 7 months pregnant at the time). I went to the door and she refused to let me have them. My father was with me and I told him to call the police. She tried to slam the door in my face so I put my foot in it so she couldn't. She hit me in the face with her cordless phone. My children were screaming and crying behind her. My daughter she was 10 ran out the back door but my son he was 5, was shocked and froze. She said she wouldn't give him to me. She finally relented when the police phoned her and she let him go. I immediately got a temporary restraining order against her. I could not get a permanent one because the judge felt that it was her first offense and she didn't "seem" violent.
The children rarely saw Grandpa (grandparents are divorced), and never alone. When we got divorced my ex and I sold our home and took stuff to his father's garage until we each found new homes. When I found mine, his father refused to give me back anything. This included my children's beds and toys. His son had already moved all his stuff out. I finally had to get the police to get the stuff but by that time the grandfather had burnt it all, the remains were still smoking when we got there. I was told I could sue him for damages but I was past it all by then and just went on with my life.
My questions are:
1) If they really wanted to see the children shouldn't they have tried to contact me first?
2) If they really wanted to have visitation shouldn't they have filed before now and not gone over a year without any contact with my children?
3) What is the liklihood that they will be granted visitation rights (they are wanting every other weekend, holidays, and summer vacations)?
4) What do I have to prove to keep them from getting visitation (my daughter says she will not go no matter what)?
I received papers that my ex's parents are suing me for grandparent's visitation rights. There son voluntarily signed over his rights to my children in July 2009. He owes $20000 in back child support. In July he signed over his rights then fled the state trying to outrun the child support order.
April 1, 2010 Child Support Enforcement found my lousy ex in Las Vegas, NV working at a casino. His employer was sent the necessary paperwork reguarding the child support order.
April 9, 2010 his parents sign papers to sue me for visitation. I believe that the only reason they have decided to try for visitation is because their son is going to have to pay CS.
The grandparents have never tried to contact me in anyway to ask for visitation. I have lived in the same house for 2 years and have worked at the same place since before my divorce so they can't say they had no way to find me (grandma used to drop the kids off at my home when I had a order of protection against my ex).
Grandma came to my children's Christmas program in 2009 but before that my son had not seen her since November 2008 and my daughter hadn't seen her since August 2008. They have not seen Grandpa since June 2008.
They did not have a good relationship with their Grandma at all. My daughter refers to her as "the evil one." She would tormented my daughter and I never let her go there on my time but my ex often left the children there when he had visitation. She would do a lot of yelling and tell my ex that my daughter was disrespectful causing my ex to punish her. It got so bad that the school bus driver began to notice how she would treat my daughter and reported it to CPS. At one point, she called the school and pretended to be me and had the children get off the bus at her house. When I found out, I called her home, she said they were not there. About 5 minutes later, my daughter called me whispering, she had to sneak into the bathroom to call me. I went out ther to get them (I was about 7 months pregnant at the time). I went to the door and she refused to let me have them. My father was with me and I told him to call the police. She tried to slam the door in my face so I put my foot in it so she couldn't. She hit me in the face with her cordless phone. My children were screaming and crying behind her. My daughter she was 10 ran out the back door but my son he was 5, was shocked and froze. She said she wouldn't give him to me. She finally relented when the police phoned her and she let him go. I immediately got a temporary restraining order against her. I could not get a permanent one because the judge felt that it was her first offense and she didn't "seem" violent.
The children rarely saw Grandpa (grandparents are divorced), and never alone. When we got divorced my ex and I sold our home and took stuff to his father's garage until we each found new homes. When I found mine, his father refused to give me back anything. This included my children's beds and toys. His son had already moved all his stuff out. I finally had to get the police to get the stuff but by that time the grandfather had burnt it all, the remains were still smoking when we got there. I was told I could sue him for damages but I was past it all by then and just went on with my life.
My questions are:
1) If they really wanted to see the children shouldn't they have tried to contact me first?
2) If they really wanted to have visitation shouldn't they have filed before now and not gone over a year without any contact with my children?
3) What is the liklihood that they will be granted visitation rights (they are wanting every other weekend, holidays, and summer vacations)?
4) What do I have to prove to keep them from getting visitation (my daughter says she will not go no matter what)?
