Grandparents rights? taking to court

Nicola - posted on 09/25/2013 ( 3 moms have responded )

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Hello,
Me and my husband live together with children. I have a 3 and half year old and a 6 month old. We advised my father in law on 30/08 that he was not allowed to flit in and out of our childrens lives anymore and could not take them the park for a few hours in the hope he would realise the error of his ways apologise for his beahaviour and genuinely want to spend quality time with his grandchildren. Then on the 02/09 he applied through courts for access. There are numerous reasons as to why we have denied access (he constantly sent suicide threats, was telling my daughter she was his favourite and the unborn baby at that time would not be she then believed that when the baby would be born we would not love her anymore, kept telling her he was the favourite grandparent and when baby come she could go live with him, disappeared with her on an occasion, used her in his bitter divorce telling her to not like the grandmother and say quite nasty things things to her) these are just a few of the numerous things he has done. The fact that we only said no on the Friday 30/08 and he went to the court in person on the monday shows how little he has tried to work things through with us and how little he thinks of the children. She has a great relationship with the other 3 grandparents and he his damaging that aswel as having a negative impact on my childs wellbeing.
Has anyone been to court before over this type of thins? what is general outcome and what do they see as him having played an important role in their lives? as one is only 6 months? and the other he went months at a time without seeing?
Also on a legal note he has only made the application in my husbands name, no one will speak to me (their mother about this), if I want my name putting on the application so I can attend the court hearing I have to prove im their mom in writing????????? which isn't enough time for the hearing
So in short I am not even allowed in the court room?? how can this be? I am really confused as to what needs to or could be done. Any help appreciated

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Nicola - posted on 09/25/2013

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Thanks for your reply Karen. I will definitely get a solicitor it's just helpful knowing other outcomes, it's a shame for genuine grandparents that love the grandchildren that get denied access

Karen - posted on 09/25/2013

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My understanding - every STATE has different laws.

Over an issue like this - and in reading your comments - I would do WHAT EVER it took to get advice from a LAWYER in your state - ASAP - to protect your children and your family.

I can tell you - I live in CO, and I know a "grandmother" (she is a coworker) and a very nice woman, her daughter abandoned her child, and the baby's father did not want the grandmother to have rights.

In CO - even though she was nice, stable, kind, etc - - Grandparents have very little to zero rights. But I have also heard every state is different. She lost. She was granted nothing.

Talk to a lawyer.

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