Grandma misses grandsons

[kimlavielle]

Do grandparents have any rights? My son has two children and lost custody and visitation rights. My son and his wife constantly were having arguments in which she would call the police and then state he hit her and then drop charges even though she would hit hit him. The last time she kicked him in his groan area and the police arrested her. When she got out of jail she went and filed a restraining order against & filed for custody. Well the judge took away custody & no visitation and a restraining order. Moving forward 2 weeks-My son was arrested today for being to close to her residence. They live at the same apt.community. He wasn't even near her but she got her crazy neighbor to go along with her. She won't even let me see my grandkids. My grandson which is 4 lives two doors down from me and she won't let him outside because he keeps knocking on my door crying to come in. Please give me some advise on where to go with this. Do I have any rights? My son has been railroaded and believes that another Judge won't change this judge's orders.

 

[Scooterdog]

Beverly Pilling, a school bus driver from Quincy, Mass., has eight grandchildren, but for the past year and a half she has been unable to see two of them. She lives only a town away, but doesn't have their telephone number. The last time she sent them a letter asking for their school pictures, saying "I love you," she didn't hear back. Pilling ("Nana" to her grandchildren) is so desperate for a glimpse of them that she has even considered driving to their school. "But," she said, "I don't want to do anything that would upset the kids." Why can't Pilling see her grandchildren? She's in the middle of a family feud that started after the death of Pilling's son. For her part, she blames a hostile daughter?in?law who has custody of the children and won't let them visit. The daughter?in?law blames Pilling, who she believes says mean things about her behind her back. "I'm not a vicious woman," said the daughter?in?law, who requested anonymity. "I wish my kids had her, and had her family. It's just very, very sad." It's also an increasingly common scenario in a society where family ties are breaking down, severed ties. Years ago, grandparents were naturally part of a child's milieu. Today even this, the most benign of a child's relationships, can't be relied on. Maybe there has been a divorce, or death, followed by a remarriage, or even an adoption, and a severing of old ties. Or maybe it's just a family misunderstanding. Whatever the case, a growing number of grandparents are feeling shut out of their grandchildren's lives. Mobilizing for rights In previous generations, grandparents who found themselves in this situation had to suffer in silence. But across the country, estranged grandparents are beginning to mobilize. "American grandparents are becoming increasingly vocal about being denied access to their grandchildren," said Naomi Karp, co?editor of "Grandparent Visitation Disputes," a manual published by the American Bar Association. So many, particularly in the inner city, are looking for custody of their grandchildren that the American Association of Retired Persons has established a resource center to help them. But most estranged grandparents are like Pilling: They simply want more access, and they're increasingly willing to turn to family mediation, or even the court, to get it. Their motives aren't purely selfish, grandparents say. Many believe that their grandchildren need their emotional support in today's confusing world of divorce, remarriage, contradictory values and shallow community ties. Who else can give the children this link to their past? Who else will teach them about old?fashioned standards and values? And who else will spoil them with unconditional love in the way that only grandparents can? Avoiding disputes.

 

[Scooterdog]

Among other things, grandparents give children a sense of generations ? of their family extending backward and forward in time, a sense of the world beyond the here?and?now. "What happens in fractured families is that we see a lot of kids who don't have any sense other than `today,"' says Carla Goodwin, a court?appointed psychologist who works in Massachusetts. "We see that with kids in therapy all the time." Parents need to realize that just because someone was lousy at raising children doesn't mean they'll be a lousy grandparent, mental?health experts say. It's a totally different relationship.

 

[Scooterdog]

The following in an action by the paternal grandparents to seek full custody of their grandson. The Father was not able to see the child because of his drug and alcohol problem. The Mother is hiding out in shelters. Private investigators were used to locate the Mother. At this time both parents have drug and/or alcohol problems with the Mother currently living in a shelter at [Shelter Address]. Both parents have had a very difficult past and have, at times neglected the best interests of the child. The Mother came to [Name of City] from [Name of City] as a runaway and is a drug user. The father, our son, also has problems with drugs and/or alcohol, as outlined above. The Mother is currently living in a shelter; but, has not provided a proper environment for the child when she and our son maintained a household. She keeps a very bad household, letting the home, quite literally, deteriorate around her while the she watches TV and drinks beer. (We were never allowed to go into the house for 4 years because of this the Mother and our son were too embarassed to let us in). As outlined above, the Mother is neglectful of [Child Name]. On one occasion when [Child's Name] was 2 years old he climbed out the window and was picked up by a Taxi driver and then turned over to the police. On other occasions [Child's Name] has been allowed to defecate on the floor. etc etc. There have been many incidents like these that we are aware of. We have called Child Services. They have been checking on the parents for almost a year. Our son is in the process of going through drug and alcohol treatment, that is court ordered. The court should also be aware that the child and the Mother were living with us for about 1 ½ weeks in earlier May on this year. Then, for no apparent reason, the Mother skipped out leaving all of her things behind. She has never contacted us since.
Further, the Mother adversely affects the child. [Child's Name] has been very upset because of the arguments between our son and the Mother. [Child's Name] would often call us to seek help. On one occasion he called us and stated that he was lonely; even though the parents were at home. Even the Maternal Grandmother has admitted that her own daughter is not a fit Mother. Most importantly the court should be aware that the Mother has had 3 other children taken away from her for one reason or another. She had one child when she was 15. The child is now 20 and the mother is now a Grandmother herself. One child allegedly died from crib death; but, there was some suspicion of neglect because of cocaine use. The third child lives with the child's Father and his new wife. Justin is the 4th Child. We cannot afford to have our grandchild suffer any further and wish only to provide a decent and stable environment for the child until the parents can demonstrate, to the court, that they've got their lives turned around. We ask the court help in this regard.

 

[Scooterdog]

Does this help you?

 

[Duranie]

Bottom line is, you need to see an attorney to seeif you have any rights at all. G-parents rights are VERY limited. You may or may not have any. Your son needs to get another lawyr it sounds like, but there is obviosly a story behind him if he lost all visitation rights. Did the courts actually sever his parental rights? Dad needs to do everything possible to get his visitation back.

 

[Scooterdog]

Bottom line is, you need to see an attorney to seeif you have any rights at all. G-parents rights are VERY limited. You may or may not have any. Your son needs to get another lawyr it sounds like, but there is obviosly a story behind him if he lost all visitation rights. Did the courts actually sever his parental rights? Dad needs to do everything possible to get his visitation back.

Doesn't matter how many lawyers are hired, the results will still be the same.

Pick up the constitution if you want to know what RIGHTS are, a shyster can't tell you, lawyers don't know the law, they know procedure.

TWO PEOPLE "NEED" A LAWYER, UNDERAGE, AND THE OTHER BEING INCOMPETENT PERSONS. You never "need" a lawyer, unless you just want to throw your money away.

 

[Duranie]

Scooter I am not sure what the point of your follow up post was, but you seem to post a whole lot of nonsense on here. She obviosly needs to see an attorney. Grandparents generally have no rights except for in limited cases.

Original poster, you can also try to make friends/play nice with Mom in hopes she will allow you to eventually see the boys.

 

[Scooterdog]

Scooter I am not sure what the point of your follow up post was, but you seem to post a whole lot of nonsense on here. She obviosly needs to see an attorney. Grandparents generally have no rights except for in limited cases.

Original poster, you can also try to make friends/play nice with Mom in hopes she will allow you to eventually see the boys.

I see. Personal attacks. I will point out, I have read post after post of yours, and see no law, only opinion, and the first words out of your mouth " hire a lawyer". You have provided missinformation in more than one case, and when caught in the act, you don't even attempt to admit how wrong you are, and now are resorting to personal attacks against me for ATTEMPTING to help people. Example:

Scooterdog that is not correct. Many states dictate that a man has a responsibility to work a job at a wage he is capable of working. If that was the case, fathers would purposely work minimum wage jobs to avoid a high child support obligation. Many states are not going to penalize mom becuase Dad gets up and chooses to work a lower paying job. If a man has a masters degree, and is working at Wal-mart, there is an issue there.

I am in AZ and the guidelines specifically state underemployment, and a judge does have the right to enforce child support based on a higher income if a NCP purposely took a lower paying job.

Courts also see alot of people being self employed, where it is near impossible to prove what they make. If this man went from being W2'd to 1099/self employed/partner in a company, it is VERY easy to hide income and the courts probably see alot of people doing that to skirt CS obligations.

Of course, I rebut with fact, showing this to be complete poppycock:

CHILD SUPPORT INCORRECTLY FIGURED UPON "IMPUTED" (WHAT YOU SHOULD BE MAKING, BUT ARE NOT MAKING) INCOME/INPUTED INCOME IS INVOLUNTARY SERVITUDE!


The court is requiring this person to pay child support with money that he does not have and requires him to go to work and earn money at a level that is higher than he may be capable of making at this time. Further, this places him in a state of peonage defined by Congress to be a crime, 18 UCA S 1581.

The United States Supreme Court has found that the threat and enactment of legal process to compel employment, Ie imputing income, is "involuntary servitude prohibited by the Thirteenth Amendment. Clyatt vs United States (1905) 197 US 205, 25 S. Ct. 429; United States vs Kozminsky (1988) 487 US 931, 108 S. Ct. 2751.

This is in direct violation of 42 USC Section 2002 declaring that any use of state law to hold a person in service of labor as a "peon" in liquidation of any debt; obligation or otherwise, is null and void; and is contrary to Federal Law.

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE CONSTITUTION AND LAWS. SHALL BE LIABLE TO THE PARTY INJURED IN AN ACTION AT LAW, SUIT IN EQUITY, OR OTHER PROPER PROCEEDING FOR REDRESS" Title 42 USC Section 1983

 

[Scooterdog]

Do grandparents have any rights? My son has two children and lost custody and visitation rights. My son and his wife constantly were having arguments in which she would call the police and then state he hit her and then drop charges even though she would hit hit him. The last time she kicked him in his groan area and the police arrested her. When she got out of jail she went and filed a restraining order against & filed for custody. Well the judge took away custody & no visitation and a restraining order. Moving forward 2 weeks-My son was arrested today for being to close to her residence. They live at the same apt.community. He wasn't even near her but she got her crazy neighbor to go along with her. She won't even let me see my grandkids. My grandson which is 4 lives two doors down from me and she won't let him outside because he keeps knocking on my door crying to come in. Please give me some advise on where to go with this. Do I have any rights? My son has been railroaded and believes that another Judge won't change this judge's orders.

If you need a petition for the court to enforce your rights, PM me, I will send you the body of the petition and you can use that.