Visitation Issues

[gejewels]

What is the name of your state? Illinois

My ex husband currently has visitation rights on Wednesday evenings and every other weekend from Friday evening until Sunday evening. He does not exercise Wednesday night visitation at all. For the last year or two, his parents come every other weekend and pick the children up and spend the entire weekend with them. He spends a small amount of time with them on Saturday afternoons. His grandmother is now very sick and his parents are taking care of her. I have asked that he step up and take care of the children so that they don't have to spend the entire weekend at his eldery, sick grandmother's house while his parents care for her. When speaking with his parents (the new wife forbids him to speak with me), I told them that I would not allow the children to leave for visitation with his parents until their father can take them to their extra-curricular activites and spend time with them. His parents are now threatening me with court. Can they do this and if so, what is the general ruling for grandparent rights? It's not as often as parental visitation rights, is it?

 

[tigger22472]

Unless your oder specifically states they can't pick up the children and dad is aware of them doing it and gives them permission there is little you can do about it. It is his visitation time and he can do with it as he pleases even if he's not the one with them all the time.

Grandparents rights are sticky. This is one of the few cases that it MAY be possible depending on how your state looks at things. The parents have obviously established a relationship with the children and that plays a big factor in things.

 

[LdiJ]

Unless your oder specifically states they can't pick up the children and dad is aware of them doing it and gives them permission there is little you can do about it. It is his visitation time and he can do with it as he pleases even if he's not the one with them all the time.

Grandparents rights are sticky. This is one of the few cases that it MAY be possible depending on how your state looks at things. The parents have obviously established a relationship with the children and that plays a big factor in things.

I doubt that the grandparents would recieve visitation rights of their own, however its likely that it would be ordered that they could do the pickups for their son and share his time. If he wasn't in the area and wasn't spending ANY of the time with the children it would be a different story. A wise attorney would advise them against a grandparent visitation lawsuit and would advise instead that their son as for a modification in that respect.

There is a slight chance that a judge might see it as inappropriate for the children to spend their entire weekends in basically a "sickroom"...but that is highly dependent on the judge. I do know of at least one case where a judge ruled that way.

 

[stealth2]

You may find yourself in contempt of court if you don't let them go.

How old are the kids? Are both grandparents spending the w/e 24/7 in the greatgrandmother's room?

 

[gejewels]

The kids are 8, 12, and 13. No, the grandparents are there from 8 am until 8 or 9 pm.