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Need Advice...I'm getting worried

Posted by on Jan. 27, 2009 at 12:42 AM
  • 15 Replies

This is about my son's father's family. PLEASE READ! I need some advice please! Thanks.

Me and my son's father are not together anymore. I broke up with him after 2 years because I found out he was having a baby with someone else and me and the other girl were due one day appart. Anyway, he doesn't care about having anything to do with my son but his family has now started trying to contact me. I don't want them to be around my son either for reason I don't want to get into on here. However, my son's father's dad has money and I was wondering if he could take me to court to be able to see my son. I didn't see how he could do this sinse I am the legal gardian and he is just a grandparent but, Is this possible??? And if so, do you think anything would come of it? Would I actually have to let my son go stay with his other grandparents at all??? I don't trust my baby's father or my baby's father's family. PLEASE HELP!

by on Jan. 27, 2009 at 12:42 AM
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Replies (1-10):
babysmama03
by on Jan. 27, 2009 at 12:44 AM

It depends on the state I know in Ky there are no such things as Grandparents rights but some states there are. So my advice to you is to findout if there is such a law in your state and if so what does it require before they get rights. Good Luck

pregnancy due date
HaydensMommy007
by on Jan. 27, 2009 at 12:45 AM

Many states have "grand parents" rights....

So unless you can prove that they are unfit, then it is possible that they would be allowed visitation (assuming of course that your state has the grand parents rights)

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Kala297
by on Jan. 27, 2009 at 12:47 AM

I live in Missouri. I'm not sure if there is such a law.

ANewPerspective
by on Jan. 27, 2009 at 12:49 AM

Yes, most states (Missouri does) recognize grandparents rights. From what I've read when it's court ordered it's usually one saturday a month or something.

http://www.yourchild1st.com/artman/publish/article_12.shtml


happytexasCM
by on Jan. 27, 2009 at 1:03 AM

Is the father listed on the birth certificate?

Have they had visits with your child? If you don't want them, I wouldn't start unless court ordered.

If you can move to another state you may want to consider it before they take legal action.

http://www.yourchild1st.com/artman/publish/article_12.shtml

The Missouri court may order grandparent visitation under specific circumstances

 

 

Missouri law supports contact between grandparent and grandchild while attempting to encourage parents to resolve family disputes without court intervention. In an attempt to balance these two interests Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild. 

 

The court may grant reasonable visitation rights to grandparents under the following circumstances:

 

1.                  The parents of the child have filed for divorce.  Grandparents have the right to intervene solely on the issue of visitation rights.  Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights;

2.                  One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;

3.                  The child has resided in the grandparent’s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;

4.                  The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child.  In that case, the grandparent may not file for visitation.  (The Missouri court reasons that when the parents are married and living together with the child, the parents know what is in the best interest of their child.  See Missouri Revised Statute 452.402.02) ;

5.                  The child is adopted by a stepparent, another grandparent or other blood relative.
(See Missouri Revised statute 452.402.1)

 

The court will grant grandparent visitation only if it is in the grandchild’s best interest.  A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development. 

 

The court may employ various methods to assist it in determining what is in the child’s best interest. 

 

·        First, the court may order a home study.  A home study is an investigation performed by a court appointed investigator.  The investigator may consult with anyone with information about the child and that child’s living arrangements to determine if the grandparent visits are in the best interest of the child.  The investigator prepares a report for the court based on the information found. 

 

·        Second, the court may appoint a guardian ad litem to help determine the best interest of the child.  A guardian ad litem is a licensed Missouri attorney appointed by the court to represent the interest of the child in this particular litigation.  The guardian ad litem may participate in the grandparent visitation proceedings as though he or she were a party to the action. 

 

·        Third, the court may, in its discretion, consult with the child regarding the child’s wishes to determine the best interest of the child.  (See Missouri Revised Statute 452.402.3, 452.402.4 and 452.402.5)

 

Both the maternal and paternal grandparents may seek grandparent visitation.  The grandparents may seek visitation even if the parents are not presently married or have never been married.  (See Missouri Revised Statute 452.402.1(1); In the Matter of C.F.R., 796 S.W.2d 423 (Missouri Appeals Southern Division).

 

In addition to filing a petition for grandparent visitation, or in lieu of so doing, a grandparent also has the option of requesting mediation. In mediation a neutral person, the mediator, assists the parties in reaching a mutually acceptable voluntary and consensual agreement in the best interest of the child as to issues of visitation.  The mediator aids the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement.  An agreement reached by the parties is based on the decision of the parties and not the decision of the mediator. (see Missouri Revised Statute 452.403). The written request for mediation does not have to be written or filed by an attorney.

            In many cases, grandparents could be a valuable part of a child’s life.  However, the parents also have rights which can be defended in court.  Hopefully, the grandparent/grandchild relationship can be maintained without the need for court intervention.  If that is not possible, however, the court system may be able to help.

 

 

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Kala297
by on Jan. 27, 2009 at 1:28 AM


Quoting happytexasCM:

Is the father listed on the birth certificate?

Have they had visits with your child? If you don't want them, I wouldn't start unless court ordered.

If you can move to another state you may want to consider it before they take legal action.

http://www.yourchild1st.com/artman/publish/article_12.shtml

The Missouri court may order grandparent visitation under specific circumstances

 

 

Missouri law supports contact between grandparent and grandchild while attempting to encourage parents to resolve family disputes without court intervention. In an attempt to balance these two interests Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild. 

 

The court may grant reasonable visitation rights to grandparents under the following circumstances:

 

1.                  The parents of the child have filed for divorce.  Grandparents have the right to intervene solely on the issue of visitation rights.  Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights;

2.                  One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;

3.                  The child has resided in the grandparent’s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;

4.                  The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child.  In that case, the grandparent may not file for visitation.  (The Missouri court reasons that when the parents are married and living together with the child, the parents know what is in the best interest of their child.  See Missouri Revised Statute 452.402.02) ;

5.                  The child is adopted by a stepparent, another grandparent or other blood relative.
(See Missouri Revised statute 452.402.1)

 

The court will grant grandparent visitation only if it is in the grandchild’s best interest.  A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development. 

 

The court may employ various methods to assist it in determining what is in the child’s best interest. 

 

·        First, the court may order a home study.  A home study is an investigation performed by a court appointed investigator.  The investigator may consult with anyone with information about the child and that child’s living arrangements to determine if the grandparent visits are in the best interest of the child.  The investigator prepares a report for the court based on the information found. 

 

·        Second, the court may appoint a guardian ad litem to help determine the best interest of the child.  A guardian ad litem is a licensed Missouri attorney appointed by the court to represent the interest of the child in this particular litigation.  The guardian ad litem may participate in the grandparent visitation proceedings as though he or she were a party to the action. 

 

·        Third, the court may, in its discretion, consult with the child regarding the child’s wishes to determine the best interest of the child.  (See Missouri Revised Statute 452.402.3, 452.402.4 and 452.402.5)

 

Both the maternal and paternal grandparents may seek grandparent visitation.  The grandparents may seek visitation even if the parents are not presently married or have never been married.  (See Missouri Revised Statute 452.402.1(1); In the Matter of C.F.R., 796 S.W.2d 423 (Missouri Appeals Southern Division).

 

In addition to filing a petition for grandparent visitation, or in lieu of so doing, a grandparent also has the option of requesting mediation. In mediation a neutral person, the mediator, assists the parties in reaching a mutually acceptable voluntary and consensual agreement in the best interest of the child as to issues of visitation.  The mediator aids the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement.  An agreement reached by the parties is based on the decision of the parties and not the decision of the mediator. (see Missouri Revised Statute 452.403). The written request for mediation does not have to be written or filed by an attorney.

            In many cases, grandparents could be a valuable part of a child’s life.  However, the parents also have rights which can be defended in court.  Hopefully, the grandparent/grandchild relationship can be maintained without the need for court intervention.  If that is not possible, however, the court system may be able to help.

 

 

The father is not on the birth certificate. And the grandparents have never seen my son. Neither has any of the rest of his family. My son is 4 months old. Unfortunately, I cannot move to another state at this point.

ANewPerspective
by on Jan. 27, 2009 at 1:33 AM

Sense he is so young they could probably file for the grandparents rights... if you try to deny that the their son is the child's father than they may order a paturnity test for the father. Realize, that if you do deny he is father and they dont order a test - then you won't be able to ever collect welfare, medicaide, food stamps, or other govt assistance because they require you to get child support.

Quoting Kala297:


Quoting happytexasCM:

Is the father listed on the birth certificate?

Have they had visits with your child? If you don't want them, I wouldn't start unless court ordered.

If you can move to another state you may want to consider it before they take legal action.

http://www.yourchild1st.com/artman/publish/article_12.shtml


The Missouri court may order grandparent visitation under specific circumstances

 

 

Missouri law supports contact between grandparent and grandchild while attempting to encourage parents to resolve family disputes without court intervention. In an attempt to balance these two interests Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild. 

 

The court may grant reasonable visitation rights to grandparents under the following circumstances:

 

1.                  The parents of the child have filed for divorce.  Grandparents have the right to intervene solely on the issue of visitation rights.  Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights;

2.                  One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;

3.                  The child has resided in the grandparent’s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;

4.                  The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child.  In that case, the grandparent may not file for visitation.  (The Missouri court reasons that when the parents are married and living together with the child, the parents know what is in the best interest of their child.  See Missouri Revised Statute 452.402.02) ;

5.                  The child is adopted by a stepparent, another grandparent or other blood relative.
(See Missouri Revised statute 452.402.1)

 

The court will grant grandparent visitation only if it is in the grandchild’s best interest.  A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development. 

 

The court may employ various methods to assist it in determining what is in the child’s best interest. 

 

·        First, the court may order a home study.  A home study is an investigation performed by a court appointed investigator.  The investigator may consult with anyone with information about the child and that child’s living arrangements to determine if the grandparent visits are in the best interest of the child.  The investigator prepares a report for the court based on the information found. 

 

·        Second, the court may appoint a guardian ad litem to help determine the best interest of the child.  A guardian ad litem is a licensed Missouri attorney appointed by the court to represent the interest of the child in this particular litigation.  The guardian ad litem may participate in the grandparent visitation proceedings as though he or she were a party to the action. 

 

·        Third, the court may, in its discretion, consult with the child regarding the child’s wishes to determine the best interest of the child.  (See Missouri Revised Statute 452.402.3, 452.402.4 and 452.402.5)

 

Both the maternal and paternal grandparents may seek grandparent visitation.  The grandparents may seek visitation even if the parents are not presently married or have never been married.  (See Missouri Revised Statute 452.402.1(1); In the Matter of C.F.R., 796 S.W.2d 423 (Missouri Appeals Southern Division).

 

In addition to filing a petition for grandparent visitation, or in lieu of so doing, a grandparent also has the option of requesting mediation. In mediation a neutral person, the mediator, assists the parties in reaching a mutually acceptable voluntary and consensual agreement in the best interest of the child as to issues of visitation.  The mediator aids the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement.  An agreement reached by the parties is based on the decision of the parties and not the decision of the mediator. (see Missouri Revised Statute 452.403). The written request for mediation does not have to be written or filed by an attorney.

            In many cases, grandparents could be a valuable part of a child’s life.  However, the parents also have rights which can be defended in court.  Hopefully, the grandparent/grandchild relationship can be maintained without the need for court intervention.  If that is not possible, however, the court system may be able to help.

 

 

The father is not on the birth certificate. And the grandparents have never seen my son. Neither has any of the rest of his family. My son is 4 months old. Unfortunately, I cannot move to another state at this point.



Kala297
by on Jan. 27, 2009 at 1:37 AM

My son is on medicaid and they sent me a form to file for child support. I called my caseworker and told her i didn't want child support. She asked me if I had a good reason. I said i did so she had me fill out a paper saying why it would not be in my son's best interest to get child support and it was excepted. So they agreed that i should not get child support i guess.

Quoting ANewPerspective:

Sense he is so young they could probably file for the grandparents rights... if you try to deny that the their son is the child's father than they may order a paturnity test for the father. Realize, that if you do deny he is father and they dont order a test - then you won't be able to ever collect welfare, medicaide, food stamps, or other govt assistance because they require you to get child support.

Quoting Kala297:


Quoting happytexasCM:

Is the father listed on the birth certificate?

Have they had visits with your child? If you don't want them, I wouldn't start unless court ordered.

If you can move to another state you may want to consider it before they take legal action.

http://www.yourchild1st.com/artman/publish/article_12.shtml


The Missouri court may order grandparent visitation under specific circumstances

 

 

Missouri law supports contact between grandparent and grandchild while attempting to encourage parents to resolve family disputes without court intervention. In an attempt to balance these two interests Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild. 

 

The court may grant reasonable visitation rights to grandparents under the following circumstances:

 

1.                  The parents of the child have filed for divorce.  Grandparents have the right to intervene solely on the issue of visitation rights.  Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights;

2.                  One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;

3.                  The child has resided in the grandparent’s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;

4.                  The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child.  In that case, the grandparent may not file for visitation.  (The Missouri court reasons that when the parents are married and living together with the child, the parents know what is in the best interest of their child.  See Missouri Revised Statute 452.402.02) ;

5.                  The child is adopted by a stepparent, another grandparent or other blood relative.
(See Missouri Revised statute 452.402.1)

 

The court will grant grandparent visitation only if it is in the grandchild’s best interest.  A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development. 

 

The court may employ various methods to assist it in determining what is in the child’s best interest. 

 

·        First, the court may order a home study.  A home study is an investigation performed by a court appointed investigator.  The investigator may consult with anyone with information about the child and that child’s living arrangements to determine if the grandparent visits are in the best interest of the child.  The investigator prepares a report for the court based on the information found. 

 

·        Second, the court may appoint a guardian ad litem to help determine the best interest of the child.  A guardian ad litem is a licensed Missouri attorney appointed by the court to represent the interest of the child in this particular litigation.  The guardian ad litem may participate in the grandparent visitation proceedings as though he or she were a party to the action. 

 

·        Third, the court may, in its discretion, consult with the child regarding the child’s wishes to determine the best interest of the child.  (See Missouri Revised Statute 452.402.3, 452.402.4 and 452.402.5)

 

Both the maternal and paternal grandparents may seek grandparent visitation.  The grandparents may seek visitation even if the parents are not presently married or have never been married.  (See Missouri Revised Statute 452.402.1(1); In the Matter of C.F.R., 796 S.W.2d 423 (Missouri Appeals Southern Division).

 

In addition to filing a petition for grandparent visitation, or in lieu of so doing, a grandparent also has the option of requesting mediation. In mediation a neutral person, the mediator, assists the parties in reaching a mutually acceptable voluntary and consensual agreement in the best interest of the child as to issues of visitation.  The mediator aids the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement.  An agreement reached by the parties is based on the decision of the parties and not the decision of the mediator. (see Missouri Revised Statute 452.403). The written request for mediation does not have to be written or filed by an attorney.

            In many cases, grandparents could be a valuable part of a child’s life.  However, the parents also have rights which can be defended in court.  Hopefully, the grandparent/grandchild relationship can be maintained without the need for court intervention.  If that is not possible, however, the court system may be able to help.

 

 

The father is not on the birth certificate. And the grandparents have never seen my son. Neither has any of the rest of his family. My son is 4 months old. Unfortunately, I cannot move to another state at this point.



happytexasCM
by on Jan. 27, 2009 at 1:50 AM


Quoting Kala297:


Quoting happytexasCM:

Is the father listed on the birth certificate?

Have they had visits with your child? If you don't want them, I wouldn't start unless court ordered.

If you can move to another state you may want to consider it before they take legal action.

http://www.yourchild1st.com/artman/publish/article_12.shtml

The father is not on the birth certificate. And the grandparents have never seen my son. Neither has any of the rest of his family. My son is 4 months old. Unfortunately, I cannot move to another state at this point.

If the father isn't on the birth certificate then he isn't the father (legally-usually).  I don't see anything in the law that allows potential grandparents to petition to establish paternity of a child they have never met.  The father would have to take you to court.  If he doen't hate you, really want custody, or really want to please his parents he probably won't bother because then you can make his life difficult for him and the other babe with child support.

This isn't a legal opinion and I strongly suggest that you get a few so you are not blindsided by the 'grandparents'.  If you don't want a relationship with the gps or the father I wouldn't establish contact with the former or initiate contact with the latter.

Vax Research Post-JUST A LITTLE PRICK-Tabled Vax Injuries-Inside Vaccines-Over Vaccination?
-Age of Autism-VACCINES: WHY FEAR SELLS

Vaccines-The Risks, the Benefits, the Choices DVD, By Sherri J. TENPENNY
http://www.minimum.com/b.asp?a=vaccines-risks-benefits

"A new mother’s mammary glands take over from the placenta to provide the development guidance to ensure a baby’s genetic destiny is fulfilled." http://www.sciencealert.com.au/news/20081102-16879.html

Kala297
by on Jan. 27, 2009 at 1:54 AM

Well, thank you so much for your help! I guess they would have to go through a lot to get what they want. Maybe they won't even bother. I hope! Thanks again.

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