First time filing....

[Imom]

Soc,

My son and DIL are in Jail and have been since August. They have 2kids their oldest has "lived" with my DIL's grandma (GGM) since he was 2 (now 13) their youngest (11) has lived with them (my son and DIL) since birth.

This is the fourth charge (drugs) for my son (he will be getting some serious time) and 2nd for DIL. With both charges my Grand-Dauther (GD) has stayed with the GGM. The first time the GGM refused to allow me to visit....and again is doing so.

My son states he does not have a problem with me taking GD for a visit, I have not talked with DIL. I sent the GGM a certified letter asking to resolve this without having to waste judicial recourses.

The GGM received this today and had my GD call me and tell me she doesn't want to ever see me, but couldn't tell me why.

I will have to move forward and ask for Temp. Visits.

1. Do I sue all three of them for visits (son, DIL, and GGM).

2. Is there different "rules" for serving someone in Jail? (To include motions/responses and subpoena.

3. What do I do with re: to a cause number?

[socrateaser]

>I will have to move forward and ask for Temp. Visits.
>
>1. Do I sue all three of them for visits (son, DIL, and GGM).

If there is no legal guardianship in favor of GGM, then you could just sue Son and DIL. But, I'd advise suing GGM as well, on the theory that she is the de facto custodian who will ultmately have to be ordered to allow visitation.  

The worst that would happen is that the court would dismiss GGM from the action. But, she would at least have notice that she may later become subject to an order to turn over the child(ren) to you for visitation.

>
>2. Is there different "rules" for serving someone in Jail? (To
>include motions/responses and subpoena.

Depends on your state. There's probably something specific in the code of civil procedure. Otherwise, you can likely serve the warden.
>
>3. What do I do with re: to a cause number?

This will probably be a new case number. However, there may be a specific procedure for grandparent rights, detailed in the family code, which would permit you to intervene in the existing case. If so, then you follow that process under the old case number.

[Imom]

Is there anyway to find out if she has guardianship? Son says no the GGM says she does?

[socrateaser]

>Is there anyway to find out if she has guardianship? Son says
>no the GGM says she does?

Request a copy in a letter, and if she refuses to produce it then sue her and then request production of the authorization. If GGM says she has guardianship, then that's your grounds to sue and make her prove it.