Got a question...

[Sunshine1]

This is an extremely long story so I will try to get to the point.  Our niece was taken from her parents after a 1 1/2year long battle with drug addicted parents, reunification and then ultimately she was given back to the grandparents.  The parents still have visitation rights and frankly if the father got his crap together he would get her back but it just isn't going to happen.  During the separation she lived with us for awhile for a total of 6 months combined.  She has been residing and was placed with the grandparents in the end.

When everything was up in the air and she was only in temporary placement with the grandparents it was ordered we were allowed one weekend a month.  It went on like that for over a course of 1 1/2 years.  Father got a weekend too, mother was out of the picture because she was in jail.

At the hearing we were told that we were to still get one weekend a month, dad 2 weekends a month and mother gets one supervised visit a month...more when she is clean and sober and can prove it.

Order came, we were not mentioned in any of it.  Grandma ASSURED us we would get the one weekend a month and I had no worries about it.  Well that was 6 months ago.  She will not allow a weekend, heck she won't even allow an hour.  We were ok with it after the hearing so the child could get a routine, get her bearings and I called her religiously everyday to talk to her like nothing had changed.

Grandma will not allow any visitation because frankly she doesn't have to according to the order.  We aren't asking for "regular visitation" for crying out loud but her dad isn't getting that much time either, they always find a way to cut into his weekend somehow, so seeing her on his time is hard.  We would just like to see her for an afternoon here or there, and she became very close with her 4 cousins, but doesn't get to see them anymore.

We are completly annoyed with Grandma, I've even resulted in kissing her behind..... but I just can't do it anymore so here's the questions (Everything was done through CHIPS, but now it has a family court file number, MN):

1. With the above stated facts would we have reasonable cause to seek a visitation order?

2.I hate to go this route but is there any other way to approach this?

Thank you!!

[socrateaser]

>1. With the above stated facts would we have reasonable cause
>to seek a visitation order?

No. Under Troxel v. Granville, a party other than a parent/legal guardian cannot obtain visitation unless the party can overcome the strong presumption that the custodial parent acts in the child's best interests by refusing custody. The general test is whether an existing strong relationship exists between the visitor and the child, such that the child's interests would be harmed were visitation to cease.

So, in order to get an official order, you need to have an established visitation, and you don't. So, you're SOL, and unless you can kiss Grandma's ass sufficient to be able to prove up a routine of visitation, you will not be granted any by the court.

>2.I hate to go this route but is there any other way to
>approach this?

None of which I'm aware, although there may be some MI law that specifies procedure -- but I don't have time to research the matter.