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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I will try to make ths simple then please give me your opinion.Grandmother

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I will try to make ths simple then please give me your opinion.Grandmother of deceased husband was granted 4 visitations a year of teenage kids.Kids do not want anything to do with her.She filed contempt on me with the following reasons.She claims I thwarted phone calls and email contact which my kids have emaild and phoned her to tell her how they feel.Claims kids wont pick up cell phone.Claims I was supposed to give an address and phone number per order for kids(it did not state that it was to be a home phone and address).She did not show up for the visitation as stated and claimed I did not(I have witnesses).I feel that she is doing this to be mailicious and has even petitioned the court to have me pay her attorney fees and I will be representing myself with the bad economy .How do they expect me to pay for hers and support my kids.Everytime the kids call her and tell her how they feel she says is your mother there telling you this.Does she have a case of contempt on me?
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.
In order tp prove contempt she must PROVE that you violated the judges order. If the judge ordered you to make the children available for phone calls(which I doubt) then she may have a case. If the judge ordered you leave a phone number and address that does not imply the children are obligated to speak with grandmother.


Likewise unless the court order specifies grandmother is to have e-mails with grandchildren you are under no obligation with respect to e-mails. You can thwart them, you can block them, you can shut off internet access entirely. The grandmother can complain, but it is not contempt of court.

At the hearing explain as you have above you have complied with the order as specified. Grandmother's complaints are unfounded and represent acts which are not true, and even if true do not violate the agreement.

What you need to remember is that the court's order must be followed. Everything else is based on what you and grandmother can work out between you. You only need to provide contact with grandma that the order specifies. You also should understand that the burden of proof is on grandma to PROVE that you have not complied. Right now the best she can do is GUESS what is going on. Without the children testifying she has no evidence of anything.

At the hearing she will try to have statements she heard (or thinks she heard) from the children presented as evidence. You must object to each statement she quotes form the children as hearsay, and no foundation.

If this answer was helpful please press ACCEPT so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Customer: replied 5 years ago.
The judge did not say that I had to make the children available and I dont see how she can make accusations like that.And am I supposed to follow the kids around 24/7 to make sure they call or email her? When the kids did talk to her on the phone they said the Grandmother bad mouthed me saying this is my fault and blamed me for things.Can I file a motion on behalf of the kids to modify the order? I cant make them go see her.And it is causing problems between us?I think the Grandmother does not like what the kids have to say and will not accept it.She does not see the damage she is doing.
Expert:  Jack R. replied 5 years ago.
As indicated, just becasue your grandma files a complaint doesn't make it true. You only have to do what is in the court order. Everything else is noise. If the order does not require you to make the kids answer the phone or respond to e-mails you cannot be held iin contempt. Nothing you have stated make believe a valid case against you exists.

You can request a modification or termination of visitation. Delaware does provide the right for a grandparent to visit. The Court is obligated to use the "best interest of the child" standard. The burden is on the grandparent to show that visitation with him or her is in the child's best interest.

In deciding whether to award grandparental visitation rights, the Court will considers such things as:

The wishes of the child's parents;
The wishes of the child; and
The nature of any prior relationship with the grandparent.

Given what you have described you could potentially get visitation revoked.



If this answer was helpful please press ACCEPT so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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