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Author Topic: Grandparents rights?  (Read 2588 times)

awakenlynn

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Grandparents rights?
« on: May 30, 2006, 10:27:29 AM »
I know in IL, a court overturned a case involving grandparents rights.  Does this automatically make all the grandparents right cases void, or is it still an individual basis?

My husband's parents got grandparents visitation when his daughter was an infant.  He was in the Navy and overseas.  Ex was making it impossible for them to see their granddaughter.
He has since then gotten his own visitation, but the grandparents case was never mentioned in any of his hearings.  I know in regards to our own court case, if the issue isn;t addressed in the newest hearing, that part of the court order is still in effect.  ( I don't know if I explained that well)

We found out that ex dropped off their daughter to the maternal grandparents without notification to the paternal grandparents, as they are required to do, under that court order.  Should we push the issue that the paternal grandparents would like their required overnight visit as per the court order and see where it gets us?  I know in general, the grandparents don't want to go to court again, but we are going back ourselves to get some issues resolved, can we add it that ex is required to again notify us and grandparents (via email) and daughter is to continue with the overnight visits when ex has her in the area. (Patenal grandparents are very close to granddaughter even though they are denied seeing her except through our court ordered time).

Any thoughts?
Thanks,
Lynn


patton

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RE: Grandparents rights?
« Reply #1 on: May 30, 2006, 03:01:32 PM »
Question: Do Grandparents Have Visitation Rights?

Answer: On April 18, 2002, the Illinois Supreme Court ruled that the Illinois Grandparent Visitation Statute was unconstitutional on its face because it allowed state intervention with the due process rights of parents to make decisions regarding their children (without their health, safety or welfare being at risk.

This was in 2002, so I couldn't find anything after that date.    Maybe someone from IL will know more.

Look in the statutes of IL


Do I Have Rights to my Grandchildren as a Grandparent?
Grandparents have rights by law.  Each state has some variation of a “grandparent visitation statute,” although the specific rights therein differ from state to state.  A grandparent wishing to establish her right must ask a family court to grant them the legal right to continue having contact with their beloved grandchildren.

What Kinds of Visitation Statues are There?
There are two kinds of grandparent visitation statutes:  

Restrictive Visitation – Grandparents can only get a court to order visitation if the child’s parents are divorcing or one or both have passed away
Permissive Visitation – Grandparents can get a court to order visitation even if the child’s family has not dissolved and the parents are still living
What if the Child’s Parents Don’t Want Me to See My Grandchild?
The Supreme Court has recently decided that grandparent visitation rights do not unduly restrict the right of parents to control the upbringing of their children.  For now, all states’ grandparent visitation statutes are valid.  If you and your grandchild’s parents are having problems arranging visitation, you may want to consider mediation.  If you file for visitation rights with a family court, they may order you and the child’s parents to go to mediation.

Do I Need a Lawyer to get Visitation Rights for my Grandchildren?
Grandparent visitation statutes are complicated and vary from state to state.  An experienced family lawyer can help you understand what rights you have as a grandparent.  A family lawyer can also help you file the necessary paperwork to get visitation rights.

Here's a link explaining in detail ...seems Illinois is the ONLY state in the union that does not have grandparent visitation rights, but this might help out.

http://www.gf-lawoffice.com/html/grandparents-rights-law-review.html


MYSONSDAD

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awakenlynn

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RE: Grandparent rights, Illinois, August 2004
« Reply #3 on: Jun 04, 2006, 01:48:08 PM »
Thank you, now I know where to start, I can continue with the research.  I will check later to ensure that the law has withstood time.  If it is good, we will try to incorporate in into our court case.  If there is time where we can not get to the area, then we definately want the paternal grandparents to be able to spend the time with the SD.  Right now ex makes sure they are not notified(against court order) and doesn't allow ANY visitation when the 2 sets of grandparents live about 10 miles apart.

Thank you

maid marion

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RE: Grandparents rights?
« Reply #4 on: Jun 05, 2006, 06:53:14 AM »
Was wondering if I could get your opinion on my situation?
Father and I had joint custody with him having placement of our child. (He was a stay home parent. I use that term very losely)
He wants to relocate. We have a trial and judge denys his relocatoin motion.
He leaves anyways( I mean he literally left the courthouse, packed a truck and he'd for Florida the same day.)
His father helped him pack the truck and drive it. Mother knew all about it.
I got temp orders for sole custody.They were apprehended and My child is now with me and I have perm. sole custody.
Grandmother keeps calling here. Told her if she wants to communicate with our child she can do so through postal service. She refuses and has yet to send anything instead she keeps calling. I won't speak to her. I am ready and willing to help my child write letter to her. Child has not asked to do so yet.
Grandmother has issues and doesn't like to be told what to do. Hence she keeps calling like what I said doesn't matter. Both the grandparents were in on the attempted kidnapping. As a mother I want to protect my child from them but understand that child loves them therefore I'll allow the letters.
As a grandparent yourself do you tihnk I'm being unreasonable in wanting only postal contact right now? I'm trying to allow the contact but she refuses anyways. Is she being unreasonable?
Just wondering what your thoughts are seeing as your a grandparent yourself.
Good luck with you own situation.
Maid Marion


maid marion

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RE: Grandparents rights?
« Reply #5 on: Jun 05, 2006, 06:58:24 AM »
Think I should add that Grandfather was here(RI) for the trial. Grandparents live in Florida. That's where they were headed/
Maid Marion

notnew

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You have recourse and I agree with you on this one.
« Reply #6 on: Jun 05, 2006, 10:15:57 AM »
I think you could require the g'parents have supervised visitation. It would probably be good if you established this through the court, but this is not territory I've ever treaded on so you should seek advice from Socrateaser.

Is it established in court record they were involved and did they get in any trouble over it?

some people are unbelievable. Did you hear about the g'parents in Fl. who hired a hit man do kill their daugher-in-law and their grandchild along with her two older kids becuase they were going to testify their son had sexually molested them? sick sick sick.

On the main post. I am unsure. I'd advise you to seek out Soc's view.

Good luck to both of you!

notnew

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Another place to look
« Reply #7 on: Jun 05, 2006, 11:38:53 AM »
Maryland Judiciary - on their web site you can click on reported opinions and then you get to a page where you can either look at all opinions from the appelate court for a given year or you can search for a specific term.

I enjoy reading these opinions (I know weird). But, last weekend, I did read a case of grandparent's rights being upheld. Search all cases for 2006 and scroll down to Koshko v. Haining. Very good example and sites a lot of relavant cases as well.


awakenlynn

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RE: Another place to look
« Reply #8 on: Jun 07, 2006, 06:15:59 PM »
But my case is IL.  Would Maryland cases be relevent? I know each state plays with family court differently.

Thanks,
Lynn

 

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