grandparent visitation? has anyone ever gone to court over this!?

User - posted on 12/26/2013 ( 4 moms have responded )

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I recently gave birth to my 3 month old son, his father and i are not together at the moment but we are getting along and trying to work things out to be together for our son. He has no custody of our son as of right now, he said he doesn't want to go through the courts for that he wants to work it out between us if we cant fix our relationship and raise our son together but paternity has just been proven so he is now on the birth certificate. Now HIS mother has been texting me and calling me every single week since my son has been born because she wants to see him A LEAST once a week but here is the problem, my sons father does not have a good relationship with his mother because of the way she treated him and how she raised him so he doesn't want to have any part in providing visitation to his mom but neither do I, I do not feel like it should be my responsibility to encourage a relationship with my son and my EXs mother if he doesn't even want to do it, how is that fair? I just got a petition from her stating that she is taking me to court for court ordered visitation with my son, this is crazy! I do not want to have to follow a court ordered visitation scheduled for the rest of my life with this lady when I am not even with her son and may never be with him again that just doesnt make sense to me why it would be my responsibility for the rest of my life she should be talking to her son about this not me. I have been letting her come see him about once or twice a month for a couple house so its not like I'm keeping him from her i just don't feel like spending every week with her. I not stopped replying to her and talking to her though because i found out she was recording me and saving every text i sent her to try to use it against me in court somehow to prove i am keeping him from her when i am obviously not i am just not letting her see him on her terms and whenever she asks me.i feel as the parent i do not have to let her see him every week. Does she even have a case? Do grandparents really win visitation in situations like this? I am in new york state is that effects anything

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Ev - posted on 12/31/2013

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I have to agree with the others on this. Some states doe recognize grandparent rights were the children are concerned. You need to check New York law through an attorney and see what they have to say. And if the attorneys are like those where I live in Arkansas, you can call and set appointments for a free consult to get an idea of what you are getting into. And do not stop at just one attorney. Check with a few and make sure they are well versed in family law. I do not personally know of anyone who has been through this but I do know from other people that some states do recognize this right while others do not.

Ashley - posted on 12/31/2013

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I know someone in North Carolina and indiana that had to go to court for grandparent rights and the grandma won in both cases. if i were you i would look up the laws in your state on this issue.

User - posted on 12/26/2013

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What state were the cases in where the grandparents won? Do you know anyone I could possibly email who has experience with this situation? Thank you!

Ashley - posted on 12/26/2013

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If your ex has a problem with his mother and since the two of you are getting along I would advise you to ask him to speak on your behalf to the judge. I personally have never been through this but I know people who have and most cases the grandparents win and get one weekend a month but can get every other weekend. I would also for now on write down the date and time and for how long she sees your son. That will give you a strong case to prove that you are not keeping him from her. I strongly encourage you to do both of these. I hope this is helpful.

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