Visitation?

[marie]

Custodial parents are maternal grandparents. Child has been residing with BioMom for several years with visitation for Biodad.  Grandparents removed child from BioMom because of instability.

Mom and Dad file  together a modification of custody stating that grandparent custody should be terminated and custody returned to Mom and Dad.  Dad having primary custody and visitation with Mom.

Grandparents respond to motion with a Stipulation agreeing to Mom and Dad's motion but asking for grandparent visitation and stating that the child will begin to reside with father on (date has passed - child is with father)

Stipulation also says "All parental responsibilities should be allocated  jointly to both mom and dad."

Next item in Stipulation is "Dad shall be the primary residential parent with liberal parenting time granted to Mom. Mom and Dad will agree to a specific parenting plan."

All parties agreed to and signed this Stipulation and have agreed to begin this stipulation immediately.
Grandparents are treating this situation as if mom and dad have already have complete custody.

Until a parenting plan is adopted who has the final say on how much visitation for mom?  

[socrateaser]

>Until a parenting plan is adopted who has the final say on how
>much visitation for mom?  

My interpretation of the stip is that Grandparents have relinquished custody and parents have obtained joint legal and physical custody with father as primary custodian and mother as secondary custodian. Visitation has been completely removed from the orders. Both parents exercise custodial authority based on a parenting plan, and in the absense of the plan, mother is entitled to parenting time, up to any amount less than 50/50.

Unfortunately, the plan does not state how any dispute over parenting time will be resolved, thus, either parent could lawfully keep the child as long as he/she wished, as long as at the end of a rolling year, father would have had at least one more day.

Point being that the current state of the order is entirely unworkable without a parenting plan in place, so one parent or the other needs to request that the court impose a plan immeidately, either standardized in the jurisdiciton, or as proposed by the moving party/parent.

PS. If this stip is not actually signed/ordered and entered by the court, then you can forget about everything that I've just said, because an unordered stipulation is just like no stipulation at all, in which case, the court needs to set a hearing date on the original motion to terminate custody, and Grandparents continue to have all custody rights and control over visitation.