• 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.

How often are grandparent visitation cases ruled in favor of the grandparent?

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

Silverplum

Senior Member
Do you really want statistics, as your title indicates? If so, please indicate a time parameter.


If say the following facts were present:

Both parents alive

The grandmother was NEVER denied or kept from her grandchild

Parents were never married

The child is only a few months old

She has seen the baby but requests to visit more than once a week every week which is denied since the parents do live a life

Grandmother ONLY tries asking the child's mother to visit even though her son gets his own visitation she doesn't want to intrude on his time or cause him to get mad at her for being so overbearing and controlling

She has no substantial relationship with the child as he is a baby and she has only seen him a few times

She is only suing because she wants a court ordered visitation schedule set in stone so she is always guaranteed to see her grandchild Since she cant trust the parents to do it voluntarily even though she was never denied access

She is also suing because she DESERVES more one on one alone time with her grandchild because that is her RIGHT as a grandparent and she deserves it because that is her grandchild (her actual words)
 


Proserpina

Senior Member
If say the following facts were present:

Both parents alive

The grandmother was NEVER denied or kept from her grandchild

Parents were never married

The child is only a few months old

She has seen the baby but requests to visit more than once a week every week which is denied since the parents do live a life

Grandmother ONLY tries asking the child's mother to visit even though her son gets his own visitation she doesn't want to intrude on his time or cause him to get mad at her for being so overbearing and controlling

She has no substantial relationship with the child as he is a baby and she has only seen him a few times

She is only suing because she wants a court ordered visitation schedule set in stone so she is always guaranteed to see her grandchild Since she cant trust the parents to do it voluntarily even though she was never denied access

She is also suing because she DESERVES more one on one alone time with her grandchild because that is her RIGHT as a grandparent and she deserves it because that is her grandchild (her actual words)

(This is New York, yes?)

Well, I'd love to tell you that she has no chance at all.

Unfortunately I can't do that. New York appears to be just fine with trampling over the rights of the parents.

Standby for others to respond though - just because I'm disgusted with the notion doesn't mean that everyone else is.
 

justalayman

Senior Member
from what others more informed on the issue than myself have said, if she is granted visitation time, it is quite likely it will be less than she is currently enjoying. She may want to consider the reality that if she does continue on with this and is granted some time, the custodial parent (you) is likely to limit her time to no more than the court demands. What would she do then if her time was cut to once or twice a month for a couple hours each time?

sometimes people do need to be cautious of what they ask for. Sometimes they actually get it.

so, rather than concern yourself with the odds of her winning, take it that she may win. What you need to do is research the typical visitation ordered. That may sour her a bit on the matter.
 

lover42694

Junior Member
(This is New York, yes?)

Well, I'd love to tell you that she has no chance at all.

Unfortunately I can't do that. New York appears to be just fine with trampling over the rights of the parents.

Standby for others to respond though - just because I'm disgusted with the notion doesn't mean that everyone else is.

So even if a grandparent sees their grandchild on a some what regular basis and is not kept from their grandchild they can still win visitation in court? How is this right? So if she wins then that will set the precedent, then all other grandparents, 3 to be exact since both sides are divorced, can go to court to get visitation because since one grandparent got rights then how is that fair to the other grandparents they should deserve rights too. Then this child will be tossed around to multiple different people and the parents rights have now been limited and in my opinion greatly violated. I do believe grandparent rights are a good thing in certain situations, such as the death of a parent, but in this case it seems to me to be abusing the court system as to get what you want with a child who isn't even your child....or to gain control over a situation in which you should have no control over...I am hoping the courts will see this and not rule in her favor as it is complete ludicrous!
 

LdiJ

Senior Member
(This is New York, yes?)

Well, I'd love to tell you that she has no chance at all.

Unfortunately I can't do that. New York appears to be just fine with trampling over the rights of the parents.

Standby for others to respond though - just because I'm disgusted with the notion doesn't mean that everyone else is.
Even in NY this grandparent's odds are pretty slim.

No established relationship (child is an infant).
Can see the child on her own child's time.
Visitation has never been denied...its just not as frequent as grandma wants.

In any other state its unlikely that grandma could even find an attorney willing to take the case...but in NY, who knows.

However, in all of the cases that I am familiar with in NY, visitation for the paternal grandparents comes out of the father's time...not the mother's.
 

lover42694

Junior Member
Even in NY this grandparent's odds are pretty slim.

No established relationship (child is an infant).
Can see the child on her own child's time.
Visitation has never been denied...its just not as frequent as grandma wants.

In any other state its unlikely that grandma could even find an attorney willing to take the case...but in NY, who knows.

However, in all of the cases that I am familiar with in NY, visitation for the paternal grandparents comes out of the father's time...not the mother's.
I honestly didn't mind letting her see her grandson on my time but after she sued me now I feel like i cant trust her and she is trying to bully me and take away my rights to the child and now I will not let her see the child on my time she needs to ask her son when he has her grandson because frankly i am not interested in being bullied by this women and the courts because when she says jump i don't say how high. So she can now have both parents to her grandchild, and her son, not very happy with her since she is dragging us through court, and then shes sure to just get what she wants because its her "right" as a grandparent...I sure hope she really thinks its worth it.
 

Ohiogal

Queen Bee
I honestly didn't mind letting her see her grandson on my time but after she sued me now I feel like i cant trust her and she is trying to bully me and take away my rights to the child and now I will not let her see the child on my time she needs to ask her son when he has her grandson because frankly i am not interested in being bullied by this women and the courts because when she says jump i don't say how high. So she can now have both parents to her grandchild, and her son, not very happy with her since she is dragging us through court, and then shes sure to just get what she wants because its her "right" as a grandparent...I sure hope she really thinks its worth it.
Did you even read ANY of the cases I posted for you? Or did you just shrug your shoulders and go the opposite direction? Because quite frankly, the cases spell it out. They spell out when visitation is granted and when it is not. So did you read them? Because if you didn't, you are wasting our time.
 

lover42694

Junior Member
Did you even read ANY of the cases I posted for you? Or did you just shrug your shoulders and go the opposite direction? Because quite frankly, the cases spell it out. They spell out when visitation is granted and when it is not. So did you read them? Because if you didn't, you are wasting our time.
Yes i just finshed reading them although I couldn't find the one....do you have any other relevant cases that I could read and possibly use...I am still not fully understanding under what circumstances visitation is granted and when its not....Thank you....
 

TinkerBelleLuvr

Senior Member
Whatever you do, do NOT agree to anything in mediation. Ask for a judge to rule based on the merits of the case.

What does the father of the child have to say about this?
 

lover42694

Junior Member
Whatever you do, do NOT agree to anything in mediation. Ask for a judge to rule based on the merits of the case.

What does the father of the child have to say about this?
I definitely will not, i don't even think she needs to go to court in this case other than to get control...he doesn't say anything because he thinks its not going to effect him since he thinks if she wins her visitation will come out of my time and it will be my responsibility so hes just not concerned...
 

Find the Right Lawyer for Your Legal Issue!

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