Opportunity to be heard and defend my private Liberty Interest

[roseannlee50]

Louisiana
I am a non-parent litigant in a matter of child custody, and have been diligent in my efforts to be recognized as my grandchilds, "de facto" parent. The trial court Judge has denied every pleading I have filed, and refuses to allow me opportunity to effectively participate in hearings and defend my interest in this child whom I raised with the written consent of her Mother ( my daughter) and to top this off, the Judge informed me that I have no rights in this case due to my relation as the child's grandparent.
I have filed a motion to establish my status as de facto parent which the judge dismissed without a hearing.
I had physical custody until the child was 3 months shy of turning 5 years old, and parentage has never been legally established by the biological father, whom the judge awarded domiciallery custody to.
I mentioned this factor pertaining to the child's illegitimacy and was told at a status confrence in this case " that's not what this is about", as well as the child was not an issue and the child's history prior to commencement of this case was "water under the bridge".
My daughter testified to the fact that I am the child's Mother(although she is birth Mother) and that I am the child's parentbut the judge failed to address or consider that factor.
Currently I was awarded very limited visitation of one weekend every other month under extraordinary circumstances.
Has this Judge discriminated against me and violated my constitutional right to defend my liberty interest in maintaining the parent/child relationship and family unit here?

 

[Zigner]

Louisiana
I am a non-parent litigant in a matter of child custody, and have been diligent in my efforts to be recognized as my grandchilds, "de facto" parent. The trial court Judge has denied every pleading I have filed, and refuses to allow me opportunity to effectively participate in hearings and defend my interest in this child whom I raised with the written consent of her Mother ( my daughter) and to top this off, the Judge informed me that I have no rights in this case due to my relation as the child's grandparent.
I have filed a motion to establish my status as de facto parent which the judge dismissed without a hearing.
I had physical custody until the child was 3 months shy of turning 5 years old, and parentage has never been legally established by the biological father, whom the judge awarded domiciallery custody to.
I mentioned this factor pertaining to the child's illegitimacy and was told at a status confrence in this case " that's not what this is about", as well as the child was not an issue and the child's history prior to commencement of this case was "water under the bridge".
My daughter testified to the fact that I am the child's Mother(although she is birth Mother) and that I am the child's parentbut the judge failed to address or consider that factor.
Currently I was awarded very limited visitation of one weekend every other month under extraordinary circumstances.
Has this Judge discriminated against me and violated my constitutional right to defend my liberty interest in maintaining the parent/child relationship and family unit here?

You do not have a "parent/child relationship".

In fact, I am going to take the liberty of reading between the lines...

Apparently, you and your daughter have conspired to withhold the child from the father...and now the judge is setting that straight.

 

[Proserpina]

Louisiana
I am a non-parent litigant in a matter of child custody, and have been diligent in my efforts to be recognized as my grandchilds, "de facto" parent. The trial court Judge has denied every pleading I have filed, and refuses to allow me opportunity to effectively participate in hearings and defend my interest in this child whom I raised with the written consent of her Mother ( my daughter) and to top this off, the Judge informed me that I have no rights in this case due to my relation as the child's grandparent.
I have filed a motion to establish my status as de facto parent which the judge dismissed without a hearing.
I had physical custody until the child was 3 months shy of turning 5 years old, and parentage has never been legally established by the biological father, whom the judge awarded domiciallery custody to.
I mentioned this factor pertaining to the child's illegitimacy and was told at a status confrence in this case " that's not what this is about", as well as the child was not an issue and the child's history prior to commencement of this case was "water under the bridge".
My daughter testified to the fact that I am the child's Mother(although she is birth Mother) and that I am the child's parentbut the judge failed to address or consider that factor.
Currently I was awarded very limited visitation of one weekend every other month under extraordinary circumstances.
Has this Judge discriminated against me and violated my constitutional right to defend my liberty interest in maintaining the parent/child relationship and family unit here?

You have no constitutional right to a relationship with the child.

You are not the child's mother, and I'm honestly not surprised the Judge tossed the whole thing out.

To clarify a little (for the benefit of others, too):

De facto parent status is generally only considered when there is no other remedy available to the petitioner. In your case OP, there was another remedy - grandparent visitation, which you were awarded.

If anything, it's possible that the judge would have made a mistake of law if s/he had ruled that you were a de facto parent.

Finally, if anyone is considering going to court to establish de facto parent standing I strongly recommend hiring an attorney. These are not easy cases to litigate even for someone familiar with the court system.

In this case it seems things went according to the law.

 

[Proserpina]

You do not have a "parent/child relationship".

In fact, I am going to take the liberty of reading between the lines...

Apparently, you and your daughter have conspired to withhold the child from the father...and now the judge is setting that straight.

If that's the case, it backfired spectacularly!

 

[Antigone*]

You do not have a "parent/child relationship".

In fact, I am going to take the liberty of reading between the lines...

Apparently, you and your daughter have conspired to withhold the child from the father...and now the judge is setting that straight.

Not much reading between the lines necessary.

 

[roseannlee50]

Third Party non parent litigant child custody

Well I must say there are plenty of opinions out here. However, you do not know the whole story and I am indeed this child's "de facto" parent. This father threw my daughter out in the street when she was 4 months pregnant with his child. This guys family informed my daughter that they wanted NOTHING to do with his "******* child", the guy is a loser period and his only reason for wanting this child is to use her as a pawn and hurt us through his attemps to alienate the child from us.
Unfortunately for you all I am correct in my diligence to pursue the recognition of my relationship with my grandchild. Including the fact that my liberty interests and right to claim physical custody is indeed protected under the Constitution of the United States and I have been deprived of my right to protect my private liberty interes in maintaing the family unit, which includes this young child. So there !

 

[mistoffolees]

Well I must say there are plenty of opinions out here. However, you do not know the whole story and I am indeed this child's "de facto" parent. This father threw my daughter out in the street when she was 4 months pregnant with his child. This guys family informed my daughter that they wanted NOTHING to do with his "******* child", the guy is a loser period and his only reason for wanting this child is to use her as a pawn and hurt us through his attemps to alienate the child from us.
Unfortunately for you all I am correct in my diligence to pursue the recognition of my relationship with my grandchild. Including the fact that my liberty interests and right to claim physical custody is indeed protected under the Constitution of the United States and I have been deprived of my right to protect my private liberty interes in maintaing the family unit, which includes this young child. So there !

The judge doesn't think so, now does he?

 

[Ohiogal]

Well I must say there are plenty of opinions out here. However, you do not know the whole story and I am indeed this child's "de facto" parent. This father threw my daughter out in the street when she was 4 months pregnant with his child. This guys family informed my daughter that they wanted NOTHING to do with his "******* child", the guy is a loser period and his only reason for wanting this child is to use her as a pawn and hurt us through his attemps to alienate the child from us.
Unfortunately for you all I am correct in my diligence to pursue the recognition of my relationship with my grandchild. Including the fact that my liberty interests and right to claim physical custody is indeed protected under the Constitution of the United States and I have been deprived of my right to protect my private liberty interes in maintaing the family unit, which includes this young child. So there !

You have no constitutional rights to parent. The child's father -- the man your daughter had sex with and allowed to impregnate her without benefit of marriage -- has constitutional rights.

Oh and pulling up the garbage of PAS won't work. Unless of course you like to align yourself with a pedophile madman who killed himself with a butcher knife.

 

[tranquility]

Unfortunately for you all I am correct in my diligence to pursue the recognition of my relationship with my grandchild. Including the fact that my liberty interests and right to claim physical custody is indeed protected under the Constitution of the United States and I have been deprived of my right to protect my private liberty interes in maintaing the family unit, which includes this young child.

I missed that part of the Constitution. But, I only had a couple years of classes on it so might be wrong.

I'm thinking the OP is litigating this herself, without an attorney. It is more likely she is coming up with random legal theories (like Constitutional wrongs against her) than it is that she is validly presenting a legal framework to get custody of a child.

The only advice I have is to get an attorney. The OP has demonstrated she has no business litigating this. Before too long, the judge which has found against her repeatedly may start issuing sanctions.

 

[cyjeff]

Here is the thing you are missing.

I understand fully that you love this child. However, the judge made his ruling. Whatever you believe to be your rights was ruled incorrect.

What is your plan for next steps.... because I don't see any.

 

[Silverplum]

Well I must say there are plenty of opinions out here. However, you do not know the whole story and I am indeed this child's "de facto" parent. This father threw my daughter out in the street when she was 4 months pregnant with his child. This guys family informed my daughter that they wanted NOTHING to do with his "******* child", the guy is a loser period and his only reason for wanting this child is to use her as a pawn and hurt us through his attemps to alienate the child from us.
Unfortunately for you all I am correct in my diligence to pursue the recognition of my relationship with my grandchild. Including the fact that my liberty interests and right to claim physical custody is indeed protected under the Constitution of the United States and I have been deprived of my right to protect my private liberty interes in maintaing the family unit, which includes this young child. So there !

So there?

Really?

 

[Ohiogal]

Here is the thing you are missing.

I understand fully that you love this child. However, the judge made his ruling. Whatever you believe to be your rights was ruled incorrect.

What is your plan for next steps.... because I don't see any.

I don't think she loves the child. The way she speaks is of a possession that she believes she is entitled to have. Children are not possessions. If she loved the child she would not be trying to state the child's ADD/ADHD is a misdiagnosis of PAS (which is what she wants it to be).

 

[roseannlee50]

Your so Wrong

You do not have a "parent/child relationship".

In fact, I am going to take the liberty of reading between the lines...

Apparently, you and your daughter have conspired to withhold the child from the father...and now the judge is setting that straight.

This Judge was prejudice against me personally, he failed to render judgment impartially, and failed to consider determinitive factors in the Best Interest of The Child.
I brought the child to Louisiana, from my home state of Indiana. Just to keep the child from her father, who lives in Louisiana, and oh I forgot, I was getting child support of almost 700.00 a month so yep your reading between the lines was a real bright idea there.

 

[OHRoadwarrior]

This Judge was prejudice against me personally, he failed to render judgment impartially, and failed to consider determinitive factors in the Best Interest of The Child.
I brought the child to Louisiana, from my home state of Indiana. Just to keep the child from her father, who lives in Louisiana, and oh I forgot, I was getting child support of almost 700.00 a month so yep your reading between the lines was a real bright idea there.

I suggest you hire a lawyer to have the judge removed from the bench, for abusing his judicial powers, if you believe that to be the case. Ummm, you were getting child support, because you were guardian of the child, not because you were a "defacto parent".

 

[roseannlee50]

You have no constitutional right to a relationship with the child.

You are not the child's mother, and I'm honestly not surprised the Judge tossed the whole thing out.

To clarify a little (for the benefit of others, too):

De facto parent status is generally only considered when there is no other remedy available to the petitioner. In your case OP, there was another remedy - grandparent visitation, which you were awarded.

If anything, it's possible that the judge would have made a mistake of law if s/he had ruled that you were a de facto parent.

Finally, if anyone is considering going to court to establish de facto parent standing I strongly recommend hiring an attorney. These are not easy cases to litigate even for someone familiar with the court system.

In this case it seems things went according to the law.

Evidently you haven't done your homework, a de facto parent/custodian under the UCJEA is a person acting as a parent to a child for a substantial period of time and who has established a parent/child relationship with the child absent the traditional family unit. Which in fact I did. I have earned the right to claim a parental status to this child being her primary caregiver most of her life. You really need to back up and get your information right here