Grandparental Visitation

[falishagarroutte]

Ok, our son just turned 8 in March. My husband is not his biological father, however, he is the only father Brendan knows and to him, he is "DADDY". His biological father has never been involved nor does he want to. He has been invited to be a part of Brendan's life, but to no avail, so I quite trying. To make a long story short, my mother started saying negative, hurtful things about my husband to Brendan. One day Brendan came home from school and had written "I hate my dad" on his folder. So we quit letting Brendan go over there so as to not subject him to anymore of that phsycological turmoil. So my parents then took us to court, we didn't show up to the court date because it had been changed and we were not notified. So because we didn't contest it, they were reluctantly awarded visitation. The kicker is, my mother had Brendan's biological father go and say that he has been told to stay away from us and to never show his face, and he felt like he had been stripped of his parental rights. So the visitation they were awarded is every other weekend, every Wednesday from 6pm-8pm, a week for Spring Break, a week for Christmas, and an entire month during the summer. This sounds to me like they were awarded joint custodial visitation, which doesn't make sense. I have always had sole custody of Brendan, but now because my mother doesn't like my husband and is phsycologically hurting my child because of it, she/they are supposed to see Brendan more? He doesn't like going over there this much and has verbalized it to me and my husband, and my grandparents. She has harassed us and will harass us if we don't make him go with her when he doesn't want to. She won't let him call me when he is over there. We don't have very much money right now because my husband got hurt working for the Railroad and is going back to school right now. I would like to take them back to court to reduce the visitation. Is there a way that we can do that without a lawyer, or ask to speek to the judge about the case? Please help!
Thanks
Falisha Garroutte
Do we have to make him go?

 

[army judge]

Yes, you must obey the court order. If you refuse to obey the order, your legal problems will mount.

You can try to represent yourself, but if you do, things will only get worse. I suggest you retain counsel. If you wonder why, look what having no counsel has wrought.

This will only get worse, unless you address it now. Have you thought about counseling for your parents and yourselves? After all, this is about your son, not you!!

Fighting will only hurt your son. Can't you see how conflicted he is? Maybe you could talk with your mom?

At any rate, obey the court order. If you don't, you could end up losing your baby.

 

[bluemann33]

sad but true. do as the court says for now and hire an attorney then go back to court. good luck.

 

[dirdenfamily]

You know I wish somebody would do something about this, the same thing happened to me only I went to court to say no, but the grandparents were granted visitations even though the biological father (her son0 didn't go to court to get his visitation. the grandparent was granted the 1st and 3rd weekend overnights and the 2nd and 4th Wednesday from 6pm to 8pm. and I dont understand why they would get so many visits as if they were the other parent. I had my daughter not her, and if the other parent (her son) dosent go get the visits. then why take my right as the mother away on saying who can and cannot see my child. this is wrong and its aginst my my right as a parent who has sole legal custody- other wise what is sole legal and physical custody for?????

 

[lavawik]

Most parents do not realize that their role as a parent is protected by the Constitution of the United States. The 14th amendment including the 4th and 5th should give you protection against anyone, including the government. Sadly, those appointed judges that took oaths seem to forget what their job is and that's to uphold the laws and our constitutional rights and civil rights. You could appeal the decision. Also, you could look into legal aid or children advocates, maybe have your lawyer ask for a substitute judge...yes, you can substitute a judge if you believe he/she is bias or not abiding by the law. I'm sorry that you have to go through this. It doesn't make me feel any better to know others are going through the same thing as we are. I pray that you find justice if not from a worldly judge then the highest of them all. Oh and you have to let him go on visitation otherwise you get arrested for contempt and then they'll see you as not makiing the best decisions for your child's well-being....sad isn't it? I know. I'll be going through it this weekend...I feel worse for my baby boy who is just 2 years old.

 

[army judge]

Constitutional rights aren't owed to you by another person.

Your constitutional rights flow from the federal government to you. No private person owes another any constitutional protection, duty, or obligation.

The constitution is silent on parental rights. Those rights are creatures of custom, tradition, English common law, legal precedent, and various state and federal statutes.

 

[lavawik]

Constitutional rights may not be owed to an individual by another person, but if anyone is in a position to know, understand and be able to up hold the constitutional rights of another then they should do so. What is the point in having judges that won't abide by something bigger than their own judgement. That's why there are so many people, including children, that are getting put into situations where they can't be helped...not everyone has the money to appeal a screwed up judges decision and go to the Supreme Court for justice. Silent? You should go over the Granville and Troxell case then tell me how silent the constitution is on parental rights. Yes, these rights are creatures of custom, tradition, English common law, legal precedent, and various state and statues, but the Constitution was written to protect our rights as Americans and give us freedoms. I find it sad that some people that have the power, given by the people to protect their rights, feel they should be able to make irrational judgements and then let the Supreme Courts deal with their mess. No wonder our country is going down in flames, we have people in high places that can care less about our rights and freedoms as a people.

 

[army judge]

Lavawik, I feel your pain. Our country is in great peril. Our rights are being given away every time they strip search you, probe you, or x-ray to get on an airplane.

Our system of laws isn't perfect. It sure can be improved. Why don't you run for elective office and help change things?

I was honored to wear our nation's army uniform for 30 years. I did my bit, even when our nation's enemies were trying to kill me and my comrades daily!

Throw your hat in the arena and help fix this mess. Run for office and change the laws. God knows I've spent my entire life trying to help. I even volunteer my legal skills helping our active duty military personnel with civil legal matters.

 

[lavawik]

Army judge, my hat is off to you for your years of service. By no means did I mean any disrespect to you, I was just trying to shed light on some facts for a person in need. As for serving our country, I feel I am doing a good job by raising honorable young women and men here in my home. I am sorry to say that running for office is not in my court, but I believe as a people if we all pushed for the same thing we could make a difference. I believe in your 30 years you made a difference, right? My father served too and I know he did. The men he led would still follow him till this day. Too, our laws do not need to be changed they need to be abided by and protected.