Grandparent Rights ... (couldn't find using search feature)

[David Jonathan]

What is the name of your state (only U.S. law)? Ramsey County, Minnesota.

My girlfriend is involved in a BAD custody case, it's quite ugly.

Her mom has visited the children at a MINIMUM of once a week, since the day they were born. Often times, she'd visit more than that.

My girlfriend's ex's new wife (the children's stepmother) is trying to deny visitation, making excuses at every chance she can get.

My girlfriends mother would like to file for visitation, so she doesn't have to deal with the childrens father, or stepmom - they make the environment uncomfortable and inconvenient.

Here's my simple question ...

Would she file a new case, or would she file a motion on the case that's already open? I've searched around the laws, and I can't find a clear answer. I've also searched the forum and couldn't find anything - (a quick search, but a search none-the-less)

Thanks in advance!
--Dave.

 

[Zephyr]

Grandma would file her own, new case that is separate from mom's case. Does mom not have parenting time in which Granny could see the child?

 

[janM]

You could have put this in the Grandparents Rights forum...

Does the dad have custody? Why would gma have to see the kids at dad's house? Why doesn't she seem them when they're with mom?

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? Ramsey County, Minnesota.

My girlfriend is involved in a BAD custody case, it's quite ugly.

Her mom has visited the children at a MINIMUM of once a week, since the day they were born. Often times, she'd visit more than that.

My girlfriend's ex's new wife (the children's stepmother) is trying to deny visitation, making excuses at every chance she can get.

My girlfriends mother would like to file for visitation, so she doesn't have to deal with the childrens father, or stepmom - they make the environment uncomfortable and inconvenient.

Here's my simple question ...

Would she file a new case, or would she file a motion on the case that's already open? I've searched around the laws, and I can't find a clear answer. I've also searched the forum and couldn't find anything - (a quick search, but a search none-the-less)

Thanks in advance!
--Dave.

Heres what your Gf's mom does**************.....She visits the kids on MOMS time. Problems solved. Grandparents have no legal rights to their grandchildren. For a grandparent to win a case is hard and expensive also unlikely. Not to mention the fact that grandma thinks she can say when she sees the kids. Hello they arent her children. If she wants to see em she seems them on MOMS time. Why because daddy doesnt have to let every legal stranger see HIS kids on HIS time. That is mommys responsibility.

 

[mdgtfrmhll]

Heres what your Gf's mom does**************.....She visits the kids on MOMS time. Problems solved. Grandparents have no legal rights to their grandchildren. For a grandparent to win a case is hard and expensive also unlikely. Not to mention the fact that grandma thinks she can say when she sees the kids. Hello they arent her children. If she wants to see em she seems them on MOMS time. Why because daddy doesnt have to let every legal stranger see HIS kids on HIS time. That is mommys responsibility.

According to the 2009 Minnesota Statues you might be wrong, not saying you are...just that you might be:

2009 Minnesota Statutes
257C.08
Subd. 2.Family court proceedings.

(a) In all proceedings for dissolution, custody, legal separation, annulment, or parentage, after the commencement of the proceeding, or at any time after completion of the proceedings, and continuing during the minority of the child, the court may, upon the request of the parent or grandparent of a party, grant reasonable visitation rights to the unmarried minor child, after dissolution of marriage, legal separation, annulment, or determination of parentage during minority if it finds that: (1) visitation rights would be in the best interests of the child; and (2) such visitation would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application.
(b) If a motion for grandparent visitation has been heard and denied, unless agreed to in writing by the parties, no subsequent motion may be filed within six months after disposition of a prior motion on its merits.

 

[Zigner]

As of right now, the GP's have no visitation rights. Could a court order them? Sure. But, as was pointed out, it is difficult.

According to the 2009 Minnesota Statues you might be wrong, not saying you are...just that you might be:

2009 Minnesota Statutes
257C.08
Subd. 2.Family court proceedings.

(a) In all proceedings for dissolution, custody, legal separation, annulment, or parentage, after the commencement of the proceeding, or at any time after completion of the proceedings, and continuing during the minority of the child, the court may, upon the request of the parent or grandparent of a party, grant reasonable visitation rights to the unmarried minor child, after dissolution of marriage, legal separation, annulment, or determination of parentage during minority if it finds that: (1) visitation rights would be in the best interests of the child; and (2) such visitation would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application.
(b) If a motion for grandparent visitation has been heard and denied, unless agreed to in writing by the parties, no subsequent motion may be filed within six months after disposition of a prior motion on its merits.

 

[Hisbabygirl77]

As of right now, the GP's have no visitation rights. Could a court order them? Sure. But, as was pointed out, it is difficult.

Not to mention Yet again that the Grandmother can see the kids on MOMS time. I want to know why anyone would expect other? Why should dad have to give up his time when mom can give up hers or heres a thought mom and grandma could spend time with the kids... Is common sense really that far gone these days?

Comments not directed at you Zigner

 

[Rushia]

Not to mention Yet again that the Grandmother can see the kids on MOMS time. I want to know why anyone would expect other? Why should dad have to give up his time when mom can give up hers or heres a thought mom and grandma could spend time with the kids... Is common sense really that far gone these days?

Comments not directed at you Zigner

Actually, yes it has gone that far. Many grandparents have a false sense of entitlement wrt to their grandchildren. They honestly BELIEVE that they have rights. This is the reason that many of us feel that the GP forum should be label visitation rather than rights.

 

[Hisbabygirl77]

Actually, yes it has gone that far. Many grandparents have a false sense of entitlement wrt to their grandchildren. They honestly BELIEVE that they have rights. This is the reason that many of us feel that the GP forum should be label visitation rather than rights.

Well I am in agreement with you there. Did grandparents get pregnant? No! Were grandparents in the bedroom doing the deed? No! This subject makes me so mad. It makes me mad because someone other than the parents think they have a God given right they dont have. It makes me mad because the government and courts have over stepped their purpose to give any grandparents visitation when a parent is there to take care of their OWN child.( yes I know its difficult but in 99% of the cases it SHOULD be impossible the courts have no right to decide this) I love my parents, in laws, ex in laws seeing my children but if any of them tried to demand it as a right I would go trailer trash on them.

 

[CJane]

Grandparents would have to file suit against MOM AND DAD in order to file properly.

 

[Rushia]

Well I am in agreement with you there. Did grandparents get pregnant? No! Were grandparents in the bedroom doing the deed? No! This subject makes me so mad. It makes me mad because someone other than the parents think they have a God given right they dont have. It makes me mad because the government and courts have over stepped their purpose to give any grandparents visitation when a parent is there to take care of their OWN child.( yes I know its difficult but in 99% of the cases it SHOULD be impossible the courts have no right to decide this) I love my parents, in laws, ex in laws seeing my children but if any of them tried to demand it as a right I would go trailer trash on them.

Welcome to my world.

 

[maryjo]

Actually, yes it has gone that far. Many grandparents have a false sense of entitlement wrt to their grandchildren. They honestly BELIEVE that they have rights. This is the reason that many of us feel that the GP forum should be label visitation rather than rights.

Tis true!

My own parents have gotten to the point now where they realize they can no longer control every aspect of my life. I AM only 33 (almost 34)! Yet they continue to treat me like a child and my son like he is their child. And now, when I stand my ground with them, every chance they get they threaten to take my son away.

I work more than fulltime. I dont smoke or do drugs, I rarely drink, I dont go out and party or go to bars or clubs. In fact, I rarely do anything other than go to work and go home to my child. I am a VERY good girl. Have had ONE date since my divorce 3 years ago. And yet somehow, they think they can take my son away if I A.) Dont lose weight and B.) Have sex with someone.

So yeah...grandparents definately have a false sense of entitlement. Especially THESE grandparents!

 

[Isis1]

Tis true!

My own parents have gotten to the point now where they realize they can no longer control every aspect of my life. I AM only 33 (almost 34)! Yet they continue to treat me like a child and my son like he is their child. And now, when I stand my ground with them, every chance they get they threaten to take my son away.

I work more than fulltime. I dont smoke or do drugs, I rarely drink, I dont go out and party or go to bars or clubs. In fact, I rarely do anything other than go to work and go home to my child. I am a VERY good girl. Have had ONE date since my divorce 3 years ago. And yet somehow, they think they can take my son away if I A.) Dont lose weight and B.) Have sex with someone.

So yeah...grandparents definately have a false sense of entitlement. Especially THESE grandparents!

i have seen parents do this type of thing. the husband has a cousin, her mother does this to her ALL the time. she walks into her daughter's home, slaps her around, and takes off with child. calls CPS on her when the daughter leaves the child with a babysitter to go out. i can't stand it. i stopped having anything to do with that end of the family. if my mom showed up at my house, with that same atittude....she'll be lucky to keep her eyes.

 

[TheGeekess]

Tis true!

My own parents have gotten to the point now where they realize they can no longer control every aspect of my life. I AM only 33 (almost 34)! Yet they continue to treat me like a child and my son like he is their child. And now, when I stand my ground with them, every chance they get they threaten to take my son away.

I work more than fulltime. I dont smoke or do drugs, I rarely drink, I dont go out and party or go to bars or clubs. In fact, I rarely do anything other than go to work and go home to my child. I am a VERY good girl. Have had ONE date since my divorce 3 years ago. And yet somehow, they think they can take my son away if I A.) Dont lose weight and B.) Have sex with someone.

So yeah...grandparents definately have a false sense of entitlement. Especially THESE grandparents!

When The Child's father filed for custody/visitation (in response to my CS petition), I had to approach my parents for assistance. They were not happy that I had not let that sleeping dog lie; they loaned me the money, but my mother informed me "Well, we'll just file for custody, too!" I told her she'd have to get in line because I was only doing one legal battle at the time.

She still hates the fact that I bought a house 1.4 hours away from her (and my dad) 4 years ago and is constantly telling me I need to move back to their area so she can help me with The Child (who is now 12).

When I got divorced from my third husband, Mom told me to tell him that she wanted to keep his daughter! (My step-daughter-he always said that he had sole custody.)

 

[Hisbabygirl77]

Tis true!

My own parents have gotten to the point now where they realize they can no longer control every aspect of my life. I AM only 33 (almost 34)! Yet they continue to treat me like a child and my son like he is their child. And now, when I stand my ground with them, every chance they get they threaten to take my son away.

I work more than fulltime. I dont smoke or do drugs, I rarely drink, I dont go out and party or go to bars or clubs. In fact, I rarely do anything other than go to work and go home to my child. I am a VERY good girl. Have had ONE date since my divorce 3 years ago. And yet somehow, they think they can take my son away if I A.) Dont lose weight and B.) Have sex with someone.

So yeah...grandparents definately have a false sense of entitlement. Especially THESE grandparents!

Oh girl you need to go out! I recommend you find the sexiest man wherever you go and invite him home! lol j/k well kinda..... lol as for your parents its a scare tactic and I hazard to guess it somewhat works. Stand up to your parents. Let them know that they have NO RIGHTS to YOUR child and if they continue to threaten it they will no longer have access to your child until they stop threatening you.

PS your a woman now you dont have to be a "good girl" in fact sometimes its fun to be a lil "bad" ( legally bad of course)