SPARC Forums

Main Forums => Dear Socrateaser => Topic started by: Gram on Apr 02, 2006, 07:18:10 PM

Title: grandparent visitation
Post by: Gram on Apr 02, 2006, 07:18:10 PM
Dear Soc,
     The BF has visitation, which takes place at his mother's house. Our orders require that he provide for the 2 year-old child's care during his parenting time, and that he is the only one to drive the child while he is with him.
     The paternal GM has filed for visitation, and wants her own time with the child in addition to the time the BF already has. This was denied by the court, but is now going to appeal. The PGM is not a danger to the child, but wants "her own time" with the child.

     What are the chances that she'll win her appeal?

     What evidence should I be prepared to present?

Thank you.
Title: RE: grandparent visitation
Post by: socrateaser on Apr 02, 2006, 10:16:10 PM
>     What are the chances that she'll win her appeal?

This is not an appeal. It's a new trial before a judge (trial de novo). An authentic appeal permits no new evidence and only review of evidence already submitted at the trial level is allowed.

As for the GP's chances, I have no idea -- you present no facts for analysis.

>     What evidence should I be prepared to present?

I don't know the current status of your case or the positions of the parties, etc. You may have posted this in the past, but I don't remember, so you'll have to post the case facts again if you want me to comment.