BCB OR IAAL or any Lawyer

[doin-it-myself]

What is the name of your state? In

Could tell me your personal feelings on this Grandparents rights thing? Or maybe give me some info on it.

Here is the situation. My sister has two beautiful grandsons, Their Mother refuses to let her see them because DAD won't have sex with her (can you believe that foolishness). Anyway my sister helped raise these boys and was there for them even before they were born. My sister has finiancially supported them as well as emotionally. The boys cry alot because they want to see grandma. But because their mother is upset with their father, she refuses my sister to see them. My sister wants visitation but I can not exactly understand the law about this, actually I'm not even sure how the law reads on this one or even if she could or should go to court. Can you please advise. If you need more information I will be happy to comply.

 

[Whyte Noise]

OK, I'm not BCB, or IAAL, or even an attorney. But here is a link for you:

http://www.in.gov/legislative/ic/code/title31/ar17/ch5.html

That's the section in the Indiana statutes that pertains to grandparent visitation.

Hope that helps some.

 

[doin-it-myself]

Actually I have that link in my favorites and yes it does help, I guess what i am trying to find out is that I know that there are grandparents Rights but would a Judge actually allow a Grandparent to excercise those rights. I'm not fully understanding the law I guess, basically why have a state code for a case if most Judges don't execute that code I guess is what I'm trying to say. For example the state says that basically grandparents have a right to visit their grandchild/ren, but if the Parent (one and/or both) says no then the Judge pretty much goes along with the parent. Now my sister for example can prove to the court that she has been a part of those babies lives even before they were born, and also that it would be in their best interest to remain in their lives. Missouri Gal How do you feel on The grandparents Rights I have gotten so much from so many people on another board I started and argument and some nasty things and I didn't mean to do that cause I know each person has their view on things. But boy their are parents rights and then you have grandparents rights but does anyone think about the child rights in these cases. When I brought up this subject on the other board someone came back with the parents Constitutional Rights and someone else came back with Grandparents Constitutional Rights but not one time did anyone come back with the answers to a question or anything about the Child's Constitional Rights. And all I asked on that board is " Does the Grandparents have visitation Rights in Indiana. Boy did all hell break lose.

 

[Whyte Noise]

Hmmmm.... how do I "feel" about grandparents rights...

Would I want my dad to see my children? Yup.

Would I want my ex MIL to see my children. Well... I can't be as quick on that answer as I was for my own dad. Lot's of bad blood between her and myself, begininng when I was pregnant with our first child and she said, "I'll never have anything to do with that baby. I know it's not his, and even if it is, she didn't do anything but "trap" him."

Does she love all 3 of my children? Yes, she does. However, she's said many things about me personally to where I wouldn't give a damn if she ever saw them again or not. Such as saying that my children were infested with head lice, that they were nothing but skin and bones, that I fed them corn out of a can and that was it.... anyone that's seen my children, and even saw them before their father and I separated will tell you my kids are far from skin and bones. LOL

My children DO however, love her. That's grandma. Even though grandma never called them when they were with dad, dad and stepmom had to do the calling, even though she wouldn't have them sleepover when they asked because she "couldn't handle it", even though, to this day, grandma has called here once in 3 months... they still love her. They don't know what goes on "behind the scenes" and they shouldn't as far as I'm concerned. Yeah, it breaks my 10 year old's heart everyday when I check her E-mail address for her, and grandma hasn't responded to the 7 E-mails the kids have sent her. But I just tell her that grandma is probably "busy" and hasn't been able to write back yet.

Would I let her visit them if she wanted to? Of course. Just as I would let my dad. I would never try to "stop" that, for the simple fact that my children DO love grandma. No matter what my feelings for the woman are, the fact is that's who the kids love. Denying them that time just because of my animosity towards the woman wouldn't be fair to the kids.

Of course, this is just my own feelings about my children's grandmother and visitation. What may apply in my situation may not apply in others, and what I feel should be done may not be what other's feel should be done.

 

[doin-it-myself]

See that is how I personally feel as well. I have alsways went out of my way to make sure my children have a relationship with all grandparents regardeless of my feelings for them. I just don't understand how any parent could keep a child away from their grandparent unless of course some form of abuse is involved, or that grandparent choses not to be involved with thier grandbabies. But for a parent to deny a child their grandparent just because they are angry with the other parent is total nonesense to me. Now I was told that my sister really can't do anything about her rights unless her son takes this girl back to court to get his rights. Paternity has been established and the girl has taken him to court for child support but dropped the case Now he doesn't want to take her back to court to get his visits back and because of that I was told that my sister didn't stand a chance of getting visits because a Judge's decision is that the grandparent can excercise their visitation whenever the parent has the child(ren), But what if the parent doesn"t want to excercise their rights where then does that leave the grandparent.