what should a lawyer representing grandparents against the childs mother expected to do

In conclusion, there is a two step process in any case involving the custody rights of parents versus grandparents. The grandparent must first rebut the Parental Presumption by clear and convincing evidence under one of the five areas outlined by the Virginia Supreme Court.

Full Answer

What are the responsibilities of a grandparent in a custody case?

There are two specific statutes that allow Grandparents to seek Child Custody in Easton, Pennsylvania: 23 Pa.C.S.A. § 5324. Standing for any form of physical custody or legal custody. The following individuals may file an action under this chapter for any form of physical custody or legal custody: (1) A parent of the child.

What kind of legal issues do grandparents and other relatives face?

At Sisemore Law Firm, P.C., we represent grandparents in Fort Worth, Arlington and throughout the Metroplex. Our experienced attorneys can answer your questions and guide you through the process of pursuing custody of your grandchildren. Call us today at (817) 336-4444 to schedule a no-obligation consultation.

Are parents right to deny grandparents contact with grandchildren?

Apr 09, 2015 · 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. While the rules governing grandparent visitation vary from state to state, generally, a parent must be preventing visits before a grandparent can seek court intervention. For example, grandparents can’t file a visitation action simply because they want more time with ...

What are my rights as a grandparent?

May 02, 2022 · Grandparents often do one or more of the following: File a contempt motion or petition. File an enforcement petition. File a violation petition in some states, such as New York. Call the police. Notify their attorney. As a last resort, have the attorney write a demand letter telling the parents to comply immediately.

What to do when your daughter won't let you see your grandchildren?

What responsibility do grandparents perform in a family?

What is a unfit grandparent?

What is a grandmother's responsibility?

Do grandparents have contact rights?

What is considered an unstable parent?

What is malicious parent syndrome?

How do you take an unfit mother from a child?

When Can Grandparents Petition For Visitation?

Certain circumstances must exist before a grandparent can ask a court for visitation privileges. Specifically, many states require a grandparent to...

Do A Parent’S Feelings on Grandparent Visitation Matter?

Although each state has its own grandparent visitation laws, the U.S. Supreme Court case, Troxel v. Granville, set some parameters for visitation t...

When Can I Seek Custody of A Grandchild?

In limited circumstances, a grandparent may be able to obtain custody of a grandchild. These situations are typically limited to those where a pare...

Do Grandparents Have A Right to A Court Hearing on Visitation Or Custody?

Visitation and custody decisions aren’t made lightly. Rarely will a judge issue a visitation order without holding a formal hearing where each side...

Questions For Your Attorney

1. My son’s ex-wife has taken my grandkids to another state and prevents any contact. What can I do? 2. My daughter and her husband, who live 15 mi...

Can a grandparent intervene in a divorce?

Specifically, many states require a grandparent to intervene in a custody proceeding as part of a divorce or separation. Only a few states allow grandparents to file a petition (written request) for visitation that is not a part of a divorce or custody case.

What is the Supreme Court case about grandparent visitation?

Although each state has its own grandparent visitation laws, the U.S. Supreme Court case, Troxel v. Granville, set some parameters for visitation that are followed in every state. A court must consider a parent’s wishes and reasons for preventing grandparent visitation when deciding whether visits are appropriate.

Can a grandparent visit a grandchild?

A judge will award a grandparent substantial time with a grandchild if it’s in the child’s best interests. While the rules governing grandparent visitation vary from state to state, generally, a parent must be preventing visits before a grandparent can seek court intervention.

Can a grandparent get custody of a child if both parents are unfit?

A grandparent may even be able to obtain custody when both parents are living if they are both unfit. A court will always put a child’s best interests first. As a grandparent seeking custody, you’ll bear the burden of proving that a parent is unfit.

Can grandparents file for visitation?

For example, grandparents can’t file ...

How to get custody of a grandchild?

Some states have no statutes for grandparent custody or visitation. In many states, there is a limited set of circumstances in which a grandparent can obtain custody. Usually, one of the following must apply: 1 One or both parents have died. 2 One or both parents are unfit, often due to neglecting the child, persistent alcohol use, drug use, or a serious physical or mental health illness. 3 The parents have either split up (if unmarried) or divorced. 4 Child protective services has an open case against the parents and need to place the child with someone, preferably a relative. 5 Both parents are incarcerated. 6 The parents named the grandparents as guardians in their wills.

Can a grandparent get custody of a child?

In many states, there is a limited set of circumstances in which a grandparent can obtain custody. Usually, one of the following must apply: One or both parents have died. One or both parents are unfit, often due to neglecting the child, persistent alcohol use, drug use, or a serious physical or mental health illness.

Do children live with grandparents?

The child has a strong bond with the grandparents. The child lived with the grandparents for a while. The child wants to live with the grandparents and is mature enough to tell the judge. The parents both agree that the child should live with their grandparents.

What happens if a parent moves out of state?

If parents relocate out of state to avoid the order, the court or attorney will locate them, and the consequences will likely be more drastic. Parents can lose custo dy rights if they willfully disobey a court order for custody or visitation. The court can issue a warrant for their arrest and also require parents to pay the grandparents' court costs ...

How to file a contempt of court?

The steps to enforcement are generally the following: 1 Decide what action you're taking: filing a contempt, enforcement, or violation petition or motion. 2 Fill out the proper paperwork. Your attorney should prepare the papers for you. 3 File the papers with the court clerk. 4 Have the sheriff or process server serve the petition or motion. Some states allow service by mail. 5 Appear at the court date. 6 Prepare to settle the case, mediate, or go to trial. 7 Wait for the judge's or mediator's decision.

The family background

Angela Howser lives in Lawrenceville, Illinois, and is married to Jack Howser. Jack and Angela own a small publishing enterprise, the Disclosure Newspaper. It’s hard to find the Disclosure online, or to see what communities it serves, but most descriptions say (without apparent irony) that it is published “periodically”.

The police chief and sheriff get involved

Knowing that Jennifer had closed her bank account in the course of the move, Angela Howser tried to cash a check Jennifer had written to her for $250. When the check did not clear, she filed a complaint with the county prosecutor.

Guardianship proceedings

This is where this horrifying story intersects with the questions we so often get asked. Based on her mother’s arrest, the Howsers promptly secured a guardianship over their granddaughter. They took out orders of protection to keep both their daughter and her husband away from Elizabeth.

The federal lawsuit

That proved to be the case for the Howsers when Jennifer filed a federal court case against them. She alleged that they had conspired with local authorities (the prosecutor, the sheriff and the police chief, as well as their law enforcement agencies) to deprive her of her civil rights. The government entities settled, paying Jennifer $75,000.

What does this mean for other grandparents in child custody fights?

Of course, not all grandparents in a child custody fight will go to anything like the lengths undertaken by the Howsers. Most of the grandparents we talk with understand that scorched-earth litigation is not good for the grandchild, not likely to succeed, and not worth the risk.

1 Comment

Our prayers are with the Josh Green family as they move forward with their lives.

Can a grandparent be a nanny?

If you’re a grandparent and you’re seeking custody or visitation rights for your grandchild (ren), you’re not alone. Even though in many parents the grandparents work alongside the parents, providing extra help in the home, acting as stand-in nanny, and shuttling the kids to and from school, daycare, and their various activities, ...

Can grandparents have custody in Virginia?

According to the Virginia Code, grandparents are persons who have a “legitimate interest” in a minor child, so it’s not as though they have no rights at all. In certain situations, people with a “legitimate interest” are allowed to have custody or visitation with a minor child, even over the objection of the parents. It’s not a guarantee, of course; in fact, it’s definitely an uphill battle! Still, according to Virginia law, it is possible for the court to grant custody or visitation to grandparents in certain situations.#N#What does it mean to be a person with a legitimate interest?

What is the role of the court in a minor child?

When it comes to minor children, it’s up to the courts to make a lot of decisions regarding their care and upbringing. When these types of issues are properly brought before the court (like in custody and visitation petitions), the court has a lot of freedom to make decisions.

What is the meaning of "child"?

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs; 2. The age and physical and mental condition of each parent; 3.

Can you file for custody with your son?

If you and your son or daughter agree with respect to custody, you may choose to file together. We see this happen fairly frequently; usually, if a grandparent is petitioning for custody along with the non custodial parent, it means that the custody case is arising as part of a larger divorce action. (Custody cases can standalone, especially if the parents are already divorced or never married in the first place, but they can also take place when a couple ends their marriage.)

What happens when one parent is in jail?

When one parent is in jail or rehab, we sometimes see grandparents filing for custody or visitation. Other times, there’s a major issue regarding parental fitness—one or both of the parents may be involved with drugs, alcohol, or criminal activity, or may be abusing or neglecting the children.

What are the factors of a child's development?

The ten factors, from Virginia Code § 20-124.3, are as follows: 1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs; 2. The age and physical and mental condition of each parent; 3.

Can a parent give custody of a child?

This means you are responsible for supporting and providing care for the child. In certain states, a child's parents may still retain some of their rights — even if you have physical custody. A parent can voluntarily relinquish custody of a child to you through a written legal agreement, or it can be formally ordered by the court.

Can a parent take a child from you?

If you don't, the child's parent can take the child from you at any time. What's more, you may have trouble getting medical care for the child or enrolling him in school. In most cases, these are the three key options for a formal legal relationship with a child: Custody.

What does it mean to have custody of a child?

Custody. This means you are responsible for supporting and providing care for the child. In certain states, a child's parents may still retain some of their rights — even if you have physical custody. A parent can voluntarily relinquish custody of a child to you through a written legal agreement, or it can be formally ordered by the court.

What is kinship care?

In an arrangement known as "kinship care," a child is placed with a relative or a close family friend. When a grandparent becomes a foster parent though kinship care, the grandparent is responsible for the day-to-day decisions and care for the child — though the state retains legal custody and pays for the child's care.

Why do parents restrict contact with grandchildren?

Another common reason why parents will restrict contact with the grandchildren is caused by boundaries. This type of offense can take the form of violating physical boundaries, such as dropping in on family members and entering without knocking.

Can a grandparent lose contact with their grandchildren?

Sometimes, however, the parent who serves as the grandparent's portal to grandchildren also loses contact with the children. This situation can occur for a number of reasons, the most devastating, of course, being the death of the parent. Other complicating situations include:

Who is Amy Morin?

Amy Morin, LCSW, is the Editor-in-Chief of Verywell Mind. She's also a psychotherapist, international bestselling author and host of the The Verywell Mind Podcast. When grandparents are unfairly denied contact with their grandchildren, it can be heartbreaking for the grandparents and grandchildren alike.

What is the responsibility of family members?

Family members have a responsibility to navigate disputes and disagreements before they become an issue. Here is an overview of the most common disputes among parents and grandparents that can lead to withholding contact with grandchildren.

Who is Susan Adcox?

Susan Adcox is a writer covering grandparenting and author of Stories From My Grandparent: An Heirloom Journal for Your Grandchild. Amy Morin, LCSW, is the Editor-in-Chief of Verywell Mind. She's also a psychotherapist, international bestselling author and host of the The Verywell Mind Podcast.

What are the five presumptions of parental rights in Virginia?

96 (1986), the Supreme Court of Virginia established categories by which the Parental Presumption can be overcome. Those five are as follows: (1) parental unfitness, (2) previous divestiture of parental rights, (3) voluntary relinquishment by the parent, (4) abandonment by the parent, or (5) special facts and circumstances, which justify taking a child from its parent. A grandparent must demonstrate one or more of the above five, by clear and convincing evidence, in order for a court in Virginia to consider placing custody with the grandparents over the parents.

What are the best interest factors?

The Best Interest Factors include but are not limited to such things as the age, physical and mental condition of the child and the parents and grandparents, the relationship between the child and each parent or other party seeking custody, the role each party has played in the development of the child, among other factors.

The Family Background

The Police Chief and Sheriff Get Involved

Guardianship Proceedings

• This is where this horrifying story intersects with the questions we so often get asked. Based on her mother’s arrest, the Howsers promptly secured a guardianship over their granddaughter. They took out orders of protection to keep both their daughter and her husband away from Elizabeth. The grandparents’ child custody fight took months to resolve ...

See more on elder-law.com

The Federal Lawsuit

What Does This Mean For Other Grandparents in Child Custody fights?