Where do I file for grandparent visitation if I live in ky, and kids o indians

[Vikkie3]

My son is still married to her. They have not filed for a divorce. I told you, he is fighting the epo order she filed on her way yo live with boyfriend. He cant have contact at this time. YES, he cares, this was a calculated move on her part. He has never been abusive to her or kids. That is what he is doing right now. The kids are 6, 5,4,3. She has temporary custody out of ky from the epo order.

 

[Vikkie3]

She is currently in jail in ky for falsifying govt.documents, and bail jumping charges. The kids are in Indiana with this boyfriend.

 

[Just Blue]

My son is still married to her. They have not filed for a divorce. I told you, he is fighting the epo order she filed on her way yo live with boyfriend. He cant have contact at this time. YES, he cares, this was a calculated move on her part. He has never been abusive to her or kids. That is what he is doing right now. The kids are 6, 5,4,3. She has temporary custody out of ky from the epo order.

1. Give him the money to hire an EXCELLENT Divorce Attorney.
2. Give him the money to hire an EXCELLENT Attorney for the EPO.

IMPO this would be the best bet for you to have future time with the children.

 

[Just Blue]

She is currently in jail in ky for falsifying govt.documents, and bail jumping charges. The kids are in Indiana with this boyfriend.

For goodness sake! Hire an attorney to assist your son...

 

[Vikkie3]

I would think that any court would think it would be in the bedt interest of the kids to continue the relationship between myself and the kids, especially when I can clearly show a strong bond since birth and the only stability they have had. She is in jail now and kids are with a guy they barely know. How is that situation better for them? They have never been left with anyone but me before.

 

[Vikkie3]

Maybe I dont think he is stable enough to care for them either. He has an attorney of his own.
I just want visitation wth the kid! It is obviouslyin their best interest!

 

[Vikkie3]

This is why there is so much cild abuse, neglect, and screwed up kids. The courts dont want to look at the emotional turmoil the kids are going thru, being ripped out of their home and away from the people that have always been with them because of the way their laws read, nothing else. And if you arent extremly wealthy, then to bad or you and the kids. The courts need to start looking at things based on facts of the situation instead.

 

[Just Blue]

Maybe I dont think he is stable enough to care for them either. He has an attorney of his own.
I just want visitation wth the kid! It is obviouslyin their best interest!

Well! Since you've done such a stellar job with your son...By all means go and spend a ton of money ruining the GC as well.

Ta...

Bambi

 

[Taxing Matters]

I would think that any court would think it would be in the bedt interest of the kids to continue the relationship between myself and the kids, especially when I can clearly show a strong bond since birth and the only stability they have had. She is in jail now and kids are with a guy they barely know. How is that situation better for them? They have never been left with anyone but me before.

You really need to seek advice from family law attorneys in both states. It may be that the kids would be better off with you, but that is not all there is to it. As I explained before, if the action is brought in Indiana the law limits the circumstances in which you can bring an action for visitation in the first place and it sounds like your situation won’t fit any one of those three sitautions. If you don’t fit the situations that the law says you must have to file the visitation petition you lose even if it is clear the kids would be better off with you. The problem with suing in Kentucky is that the kids right now do not reside in Kentucky and Kentucky law says you must file in the county where the kids reside. If they do not reside in Kentucky then it would seem you cannot file in that state. You need to see attorneys in both states to see if there is some way around those problems in each state.

And even once you are able to file the petition, there is still the problem that the parents have constitutional rights that the courts cannot ignore. In general, the Constitution gives fit parents the right to determine with whom their children visit. By the way, visitation is not the same as custody. It sounds like what you really want is custody of the kids (i.e. to have your home as their primary residence and you as their primary caretaker), not just visitation once in a while with them. Assuming the parents are fit, they get custody of their kids, even if the grandparents might be better caretakers for the kids. The parents have that right to custody of their kids unless they have been determined unfit and their rights terminated.

Your son probably ought to file for divorce and seek custody of the kids. If he succeeds in that, then he can allow you to see the kids on his time.

I realize that it is frustrating to see the grandkids have to deal with the kind of situation they are in and I understand why you want to help the kids. But understand that it is not as easy or straightforward for you to get even visitation here as you seem to think. Talk to the family law attorneys in both states and they'll explain to you the challenges involved.

 

[Just Blue]

This is why there is so much cild abuse, neglect, and screwed up kids. The courts dont want to look at the emotional turmoil the kids are going thru, being ripped out of their home and away from the people that have always been with them because of the way their laws read, nothing else. And if you arent extremly wealthy, then to bad or you and the kids. The courts need to start looking at things based on facts of the situation instead.

You are the one that raised your son. Who YOU, by your own words, you don't think is fit to assist in his custody case. WHO'S fault is that?

I know that if either of my children were in such a situation I would sell a kidney to help.

 

[Eekamouse]

Maybe I dont think he is stable enough to care for them either. He has an attorney of his own.
I just want visitation wth the kid! It is obviouslyin their best interest!

Truly, you aren't concerned that your grandchildren are with someone they barely know. You just want visitation with them. You said kid. Not kids. Are only one of her children your son's child?

 

[Just Blue]

BTW...Do any of the members here remember OP' other thread that she deleted?

 

[LdiJ]

I also have power of attorney for medical, school, stating they live at my address because I had them so much, so I would think I have plenty to establish my case.

I am sorry but the fact that you formally had POA (which mom has obviously revoked) does not help you establish your case. Grandparent visitation cases are very expensive to prove. A judge must actually violate a parent's constitutional rights in order to give a grandparent a visitation order, so its pretty serious business...and pretty expensive, for the grandparents.

You would be far better served in using your legal bucks to help your son establish HIS visitation and parenting rights so that you can see the children on his time.

With the right amount of legal dollars behind him his situation could get resolved fairly quickly. That will not happen with a gpv case.

 

[LdiJ]

This is why there is so much cild abuse, neglect, and screwed up kids. The courts dont want to look at the emotional turmoil the kids are going thru, being ripped out of their home and away from the people that have always been with them because of the way their laws read, nothing else. And if you arent extremly wealthy, then to bad or you and the kids. The courts need to start looking at things based on facts of the situation instead.

Imagine that it is 20 or 30 years ago and you were a parent of small children. Imagine that your inlaws decided that they were better suited to be your child's parents than you were. Imagine how that would have made you feel.

The reality of things is that parents have constitutional rights and SHOULD have constitutional rights. A third party should NEVER be able to insert themselves above the parents without serious cause and full due process of the law.

 

[Just Blue]

I am sorry but the fact that you formally had POA (which mom has obviously revoked) does not help you establish your case. Grandparent visitation cases are very expensive to prove. A judge must actually violate a parent's constitutional rights in order to give a grandparent a visitation order, so its pretty serious business...and pretty expensive, for the grandparents.

You would be far better served in using your legal bucks to help your son establish HIS visitation and parenting rights so that you can see the children on his time.

With the right amount of legal dollars behind him his situation could get resolved fairly quickly. That will not happen with a gpv case.

Did you bother to read the thread? She doesn't want to help her son. She thinks he, the son she raised, is unfit.