Step-parent and Grandparent Rights

//Step-parent and Grandparent Rights

PRIORITY FOR GRANDPARENT VISITATION PETITION

It requires the court to set the first hearing date for a petition for visitation within 45 days of the petition being filed.  It requires that further hearing dates be set in court within 45 days of the prior hearing.   It would allow the court to impose penalties and sanctions on any party that [...]

By | February 27th, 2019|Step-parent and Grandparent Rights|0 Comments

IF YOU DON’T AGREE, SAY SO LOUD ENOUGH

Wife filed for divorce.  They had an oral settlement agreement.  The Judge granted the divorce.  Wife appealed. Wife alleged that she was pushed into settlement by her attorney.  She alleged that she had no choice.  The Appellate Court said that was insufficient to invalidate the settlement agreement. A property settlement should not be disregarded simply [...]

GRANDPARENT VISITATION and THE BALANCING ACT WITH CHILD’S MOTHER

Alice is a single mother raising a minor child, E.H..   Cory is the father of E.H. Alice and Cory were never married.  They never lived together. Alice and E.H. live with E.H.'s maternal grandparents. Cindy is Cory's mother and the paternal grandmother of E.H. Cindy filed a petition for grandparent visitation against Alice.  There was [...]

By | July 19th, 2018|Step-parent and Grandparent Rights|0 Comments

GRANDMOTHER AND SURVIVING NATURAL PARENT BATTLE FOR CUSTODY OF CHILD

Mother died.  Mother and her child had lived with maternal grandmother.   Child was a one year old.  Mother died in a car accident. The law is clear: upon the death of the custodial parent, “the minor child will then be considered to be in the physical custody of the surviving natural parent,” even if the [...]

By | February 22nd, 2018|Adoption, Step-parent and Grandparent Rights|0 Comments

PROVING WHO THE MINOR CHILD RESIDED WITH

Grandmother and her husband (the Youngs) filed a petition for custody of grandmother’s grandchild (J.H.). In their petition, the Youngs alleged that they had cared for J.H..  Also, they had made decisions on behalf of J.H. since she was an infant. They alleged that this had been done in agreement with J.H.’s mother.  The mother [...]

By | February 16th, 2018|Step-parent and Grandparent Rights|0 Comments

TIMING FOR GRANDPARENTS TO GO TO COURT

  The grandparents had physical possession of their grandson for about two years. Then, the child’s mother took the child to live with her. When Mother was pregnant with the child, she was a 17-year-old ward of the state. The grandparents filed a Petition for Custody of their grandson. That was only 96 days after [...]

By | October 11th, 2017|Step-parent and Grandparent Rights|0 Comments

PARENTS HAVE THE LAST SAY WITH GRANDPARENT VISITATION

  Father’s mother petitioned the court for visitation. Father had been deported to Equador. The court denied visitation to the grandmother. She appealed. Grandmother showed her involvement in the child's life.  But, evidence also showed her interference with the child’s mother. The mother is the child’s decision-making authority.  There was evidence that the grandmother attempted [...]

By | October 3rd, 2017|Step-parent and Grandparent Rights|0 Comments

GRANDPARENT CUSTODY OF MINOR CHILD

  The child’s mother died. The maternal grandmother wanted custody.  So did the child’s father. The child had not been living with either the mother or the father. That allows a third party to file for custody. A third party can’t ask for custody if the child is living with either parent. Such a third [...]

By | September 26th, 2017|Step-parent and Grandparent Rights|0 Comments

DON’T BE TOO HASTY ABOUT CUTTING GRANDPARENTS OUT OF YOUR CHILDREN’S LIVES

  The maternal grandparents filed a petition. They wanted permanent and temporary grandparent visitation of their two minor grandchildren.  The mother of the children had been killed in a car accident.  Their father had been seriously injured. Father needed lengthy hospitalization and rehab. The children were 3 and 7 years old at the time of [...]