Motion hearing for GPV case

[nursekev]

What is the name of your state (only U.S. law)? Maryland

My wife and I are being sued by her mother for grandparent visitation and there is a motion hearing scheduled in March. What goes on at these hearings and are we expected to be there or is it just the lawyers? How long do they usually last? We filed a motion to dismiss her claim and then they filed an answer to our dismissal. This is the next step.

Grandma is fighting an uphill battle as we are married, fit parents with an intact family. Her attorney even admitted that to ours.

Thank you.What is the name of your state (only U.S. law)?

 

[Rushia]

Show up to EVERY single hearing. This way you have all the input yourself.

Usually the first one is to see if they can get you to agree. If you don't then more hearings/mediation is scheduled.

 

[liandrajade]

a motion hearing is to hear if your motion has enough legal ground to sustain it or if it will be dismissed....thats pretty much it....judge will you go over both motions and rule on one of them...i hope you get hers dismissed....

 

[nursekev]

Thanks for the replies. Can witnesses be brought in and will we get a chance to speak directly to the judge under sworn testimony? Can we be questioned by the opposing counsel? Sorry, I just found out about the scheduled hearing today by looking up our case online. Our attorney hasn't contacted us yet.

 

[LdiJ]

Thanks for the replies. Can witnesses be brought in and will we get a chance to speak directly to the judge under sworn testimony? Can we be questioned by the opposing counsel? Sorry, I just found out about the scheduled hearing today by looking up our case online. Our attorney hasn't contacted us yet.

A motion hearing would generally not include witnesses. However, discuss that with your attorney.

I agree that you should show up for every hearing, even if that means that you end up waiting in the hall while your attorney and her attorney talk to the judge.

 

[nursekev]

Proving exceptional circumstances

Our attorney told us that the hearing is strictly to see if the relationship between grandma and our kids rises to "exceptional circumstances." How do grandparents prove exceptional circumstances? In Maryland it is decided on a case by case basis, but the overarching principle is that the absence of visitation with the grandparent is having a significant deleterious effect on the grandchildren, or will in the future.

As I've stated previously, we are married, fit parents. Our kids have never lived with grandma. She never did any regular babysitting. She did do occasional babysitting and would sometimes take them out to movies or restaurants, but the vast majority of her time with our kids was when either my wife or myself were present. Our two oldest are 7 and 6 and they only spent one night at Grandma's in their entire lives. I know grandparents who watch their grandkids literally every single weekend, including overnights. I would call her relationship with our kids as an average grandparent-grandchild relation, at best. She is not and never was a parent like figure to them whatsoever. Our kids have not talked to her in nearly 7 months and yet they are just as happy and well adjusted as ever. They are doing well in school, have no disciplinary problems, have plenty of friends, and are growing and thriving in every way. The bottom line truth is that they are not harmed at all by not seeing grandma.

However, what worries me is that "exceptional circumstances" is left up to the judge's discretion. Our attorney, as well as grandma's, were both surprised when the judge granted a hearing instead of dismissing the case outright. My guess is that grandma and her lawyer will try to pull the judge's heart strings by bringing in all the photos she has of her and the grandkids and any cards she's ever received from them. Grandma is even supposedly seeking an "expert witness" to testify on why cessation of visitation is harmful to our kids. She can hire all the expert witnesses she wants but that won't change the fact that our kids are fine.

Can anyone tell me if they think this relationship qualifies as one of "exceptional circumstances?" Our answer is a resounding "no."