anyone in here know anything about the law, child visitations?

Question

Okay,gonna try and make a long story short. got pregnant with guy after dating 5 yrs, became abusive and on drugs, left him when my son was just 3 weeks old, he beat me while my son was in my arms, child got hurt in process. He never cared about seeing my son afterwards, met great guy (little bit in future) who is now my son's "father". Takes care of him very well. Last Oct my son's grandparants all the sudden decided that they wanted to be in his life, but they can't make me grant them visits (my state did away with g-parents rights)so they had their son take me to court so that he could recieve his rights, he got suppervised visits. He has since, gone to jail and will be there for a while, his parents are takin me to court again, this time they want to modify the visits where my 2 YEAR OLD son can visit him in JAIL and spend the rest of the weekend with them. My son doesn't even know who these people are. I have a lawyer but I just want some more openions.this family is very rich.

Answer 1

I would fight it tooth and nail. My husband and I have 6 children from previous marriages and have been in and out of court for over 12 years. His ex sounds similar to yours. I know we have had best results when we have professional input (at court) from school counselors and even psychologists. The court may send everyone to be evaluated and/or have a child study done. Try not to stress (I know, easier said than done). I can't imagine any judge thinking it's healthy for a child to see his Father in jail. GOOD LUCK. If you want to email me through my profile, feel free. Like I said, we have been going through this in two states for years.

Answer 2

I don't think the courts will ever let the guys' parents have partial visitation rights. They most definitely can make you take the child to jail to see the father. I found this write up that's similar to you situation.



http://majikthise.typepad.com/majikthise_/2006/05/custody_dilemma.html



I'm looking for case law for your situation but am having trouble finding anything exactly matching the circumstance. I will edit if I find anything useful.



Now, my opinion is this. Don't take your child to jail to the father. I would suffer any consequence because the last place a kid needs to be is at a jail facing a man that beat him and his mom. And being exposed to jail and bad people at an early age puts kid on the fast track to end up in the same situation as his dad. Break the cycle now, while you can. That's just my opinion, not real advise 'cause unlike me, you probably want to break as few laws as you can.



And let the parents take you to court. Make them spend all the money you possibly can 'cause in the end the court will hand down something you don't like. At least try to make them a little less rich in the process. And in if they go to court at all then that means child support for you where you never would have gotten any before.



One other option is to move out of state before they can take you to court. If you are in a position to move then move quick and tell very few people where you are going. If you wait till they can get you in court then you have to be where the court tells you when they tell you and you can't even move across town without their permission.

Answer 3

Family is rich... you got a problem. Worse than that... you got a HUGE problem. The court will never favor you over a rich family UNLESS You have proof ON HAND of child abuse ON HIS PART, and have PROOF THAT HE DID IT. I would recommend using home field advantage. Try to get a court date where you have friends. ALso, NEVER EVER EVER EVER shout in this type of court case (or any for that matter). Keep your cool, tell about him, and he will snap, and he will unleash his anger right there in front of the whole court room. Also if you could prove the child wasn't his, then you would win. Do not go easy on him, this jailbird shouldn't be around your son, lie, cheat, steal if you have to, don't let him corrupt your son. OR, the surefire way, move FAR FAR FAR away, where it would be difficult for him to come see you, and they will be less likely to push for it. Course, he might have to go for the whole summer or something, but this would buy you some time to beat these psycos in court. And remember, it is not what you know, it is who you know, and how you reveal and when you reveal what you know, that really count. Make sure your kid is doing well in school, and has friends, and is happy, and is involved in community activitis. Make sure you have a clean house/apartment, a good source of transportation and a job, also a clean record would help. And if there is anything on your record be prepared to speak about it. Some of these things go on for years. Let them have, and if your kid was involved in something that ONLY YOU COULD TAKE HIM TO on the weekends then that would also help. I hope all this advice helps you and that you get this issue cleared away as soon as possible.

Answer 4

I know you are getting the legal help you need with your attorney and I have no idea all the law requirements in this kind of case, but my first thoughts when I read this was FIGHT LIKE CRAZY TO KEEP THESE PEOPLE OUT OF YOUR CHILD'S LIFE! I have no idea what kind of grandparents they would be, but they obviously were NOT good parents to have their son turn out the way he did. And why after their grandchild, who they "love" so much, had been alive for 2 years, want to be a part of his life all of a sudden. Why now, why not from the moment he was born? Yuck! Do what ever you need to to keep them away from your son. Money does not make people more caring or more loving, it just makes them think they can do whatever they want and who cares about anyone else. Good luck.

Answer 5

Okay, here what u do. Get a family practice lawyer. If you can't afford one go to legal aid. Tell them this story. Explain that you believe that visit to the jail would be traumatic for your child. the lawyer should file a petition which would prohibit jail visitation (pretty common). If the grandparent still push. Go talk to your ex and explain that you will be filing for child support and back child support (find out the amount it will be from the Department of Child Support Enforcement). He will have a fit, but your objective is to make him want to put distance between the child and himself. Remind him that failure to pay will result in headaches.



Then ask him to give you sole legal and physical custody and ask that he waive his parent rights.



If you can get him to do this. Everything will be okay.



If not, get the lawyer to file a petition to remove his legal rights based on lack of visitation and involvement and continued harassment by his parents.



Good Luck with it

Answer 6

If you read any of my questions and answers you will know that I live both sides of this story and what every you do you need to keep your child's best interests in your sights at all times. I am not going to sit here and tell you that you must allow them to see him or that you would be crazy for letting it happen what I am going to say is that at some point your two year old will be a 13 year old and you have to face him when he asks those questions and eventually he will meet and spend time with some of his biological father's family and you will have to defend every move you ever made. I realize this may not be what you wanted to hear but I am just trying to tell you you have to do what is right for you and your son not just what is right for you, ask yourself if you can be the bigger person on this and let them into his life it might be to his benefit if for somereason you feel it would harm your son to be involved with his grandparents then fight it, but harmful to your child not to you or your new boyfriend.

Answer 7

incredibly You aare bitching over 15minutes in a childs existence, my suggestion is you merely be happy that she is returning the youngsters,, no such situation as a 15minute rule... examine the custody aggreement, call newborn centers on your city, communicate over with a loose criminal hospital,, incredibly 15minutes how petty. Your superb guess is to verify the custody settlement and if she isn't adhering to it to a "T" than record a case against here that she isn't following the settlement or get the settlement amended.. you are the 2d spouse rmember your husband merely tells you what you prefer to pay attention, you weren't there in the process the marriage each and every minute of usual and if the youngsters do in contrast to going with there bio mom than something of course is incorrect. WOW 15minutes, shame on you..Why are you letting her take the youngsters 10minutes early enable her wait outdoors till you're arranged, why do you supply her the youngsters 10minutes early, incredibly! in the journey that your husband has finished Sole custudy than there must be a newborn visitation someplace. You mentioned she works everynite from 6pm to 3am what are the youngsters doing doing that element, whilst does she have visitations???

Answer 8

Document everything and I hope you saved "evidence" from before. I do believe that you can move to have visitation rights and/or custody severed if a parent is incarcerated, but it depends on your state. I feel for you as someone close to me has been fending off "grandparents" in continuous lawsuits for about 10 years now.

There is also "intereference with possessory rights" which you should look into as a cause of action.



Also, check out parentsrights.org, .net and .com, as they deal with the grandparent visitation / interference issues heavily.

Answer 9

SEEK LEGAL ADVICE IMMEDIATELY. probably the only reason they are doing this is because they have the money to do so. document all incidents!!!! documentation is key in any legal matter! also, have witnesses (your parents, friends, new bf, etc.) write up statements on your behalf regarding what they have witnessed as far as behavior, etc go. this sounds like a case that a judge would dismiss...a 2 year old has no place visiting anyone in jail, anyways.

Answer 10

I don't believe the grand parents will be able to have your son stay with them on the week-ends. Like you said no grandparents rights. I don't think jail is a good place for a child to go see their parent. Are you getting child support from him? If not you need to file for it. And you need to file for back child support. Fight fire with fire. The grand parents have no rights.

Answer 11

Oh my.. you could see what your states laws are on child support visitation stuff, cuz some states have it where if the Dad hasn't seen kid or paid support in 2 years, your Husband could adopt him, maybe thats why his parents want to MAKE SURE he sees his kid, also your hubby should go talk to the Dad, give him the option to opt out of Fatherhood altogether?! Giving your husband the right to adopt, etc.. etc.. tell your ex it's "about" your child, not you guys.. and what's right for him!

Answer 12

Hi,well he still hes father no matter what but the thing is you should make shure that the father is sorry for whatever he did and he never go back for whatever he used to be if not try your best to keep your kid away from hem.

good luck

Answer 13

TMI. sorry.