Grandparents visitation and child support

[concerned1]

My husband has a hearing for permanent orders for his child (CO).  His parents have intervened for grandparents visitation.  They seem to have a good case since they were the primary caretakers for the child for almost 6 out of 7 years.  They are asking for overnight visitations and my husband is fine with this as long as it doesn't interfere with his time since he has the standard minimum.

CS had never been ordered until the child was 5.  The child has spent most of her life with the grandparents and the grandparents provided the child with all her needs.  In the hearing for temporary orders my husband was ordered to pay the BM retroactive CS for the previous 5 years.  

1.  If the grandparents are given visitation does it have an effect on child support?  

2.  If it is determined that the grandparents were the primary caretakers could the order for retroactive CS be modified?  

[socrateaser]

>1.  If the grandparents are given visitation does it have an
>effect on child support?  

Depends on state law. In some states granparents are specifically shielded from any obligation to pay support. If the grandparent's visitation is in addition to the NCP's visitation, then that would be an argument to reduce support, as the child is not dependent on the custodial parent during the grandparents' visitation times.

But, if state law shields the grandparents, then you have no case, regardless of the facts or unfairness of the issue.

>
>2.  If it is determined that the grandparents were the primary
>caretakers could the order for retroactive CS be modified?  

Seems highly inequitable to me that NCP must pay the CP for support during the time when CP was not exercising custody. If what you state here are "provable" facts, I'd call it an unconstitutional private taking.

Making such a case would require a very talented attorney, and you would need to consider whether the judge in your case was an objective arbiter. Judges don't usually want to hear about constitional violations in family law cases, so I just can give you any clear guidance -- too many variables in play.