I am going through a divorce and i have had problems in the past. my wife does have a Order of Protection and has called Child Protective Services on me. i can not see my children. this all stems from my daughter who is 12 seeing us fight and i did put my hands on my wife. after a few court hearings i am waiting on my request to be able to see my children. it may probally will be supervised. all said my question is can my parents still see there grandchildren. i have three children and it is very hard on them too not see or talk to there grandchildren. is ther a way my parents can have there grandparents rights? any suggestions? what can my parents do. Is it up to my wife and her discretion if my parents can see there grandchildren? please help and respond. no chat please. thanks jay
State/Country relating to question: New York
nothing but my parents want to see there grand kids.
Hello there Jay --
If the court permits you to have supervised visitation then perhaps you can suggest to the court that your parents be the parties who supervise the visitation at their home (they can pick up the kids and bring them to their house and you can visit with them there) -- I have seen judges do this in a number of cases and it works out well when the grandparents have no legal issue or bar that would prevent them from seeing children or having children in their home). So that is a suggestion. If you are still barred from seeing your children after this last court hearing then your parents can file a motion for grandparents visitation at that point and if the judge finds that it is in the best interests of the children to have visitation with the grandparents and when applying the best interests tests to granparent visitation the judge looks to see if the children have developed relationships with the grandparents and are in the lives of the kids regularly. However, if you have visitation rights unsupervised the court will expect that you will facilitate the visitation with your parents.
i can not see them as of yet my parents have never been in trouble with the law and have always watched them and picked them up from school, off the bus till one of us got home. every week it was acustom that the kids would sleep over at my parents every weekend. how do my parents go about doing this? does my wife have a say as too if my parents can see them and have them over night?
Hello again Jay -
You should wait to see what the decision is regarding your visitation before doing anything because as I noted, the court will not give separate visitation to you and then your parents (they expect that your parents will see them when you have them). If you are denied at this time then they can file a motion for grandparents visitation at the clerk's office of the Family Court where the case is being handled. The court should have form paperwork to apply for visitation and they can most likely use that form and alter it to fit the situation or they can hire an attorney to do all of this for them (a family law attorney is fine). If the court grants your parents separate visitation then your wife has nothing to say about it and they can pick up the kids as if you were the one picking them up and bring them back at appointed times.
the court has and will offer supervised visitation with my parents, however once i agree to supervised visits it is like me admiting i am a bad father which is not the case. i will not agree to supervised visits. i am standing my ground. I just want my parents to be able to see and have there time with my children for now. They have always helped and have taken care of my kids. M y wife is not the best mother on the planet at all. But my parents deserve there time with there grand kids. Does my wife have the final say if and when my parents can see my children? why would they need to hire a lawyer? thanks jay
If your parents get a court order for visitation then your wife has NO SAY in the visitation with your parents (I explained that above). Your parents have to go to the family court to request that the judge grant them grandparents visitation rights so they may want to hire a lawyer in order to make the application to the court and represent them at a hearing where they ask for the rights to be granted (because your wife does have the right to oppose their application for visitation rights and then it will go to a regular hearing in the family court).
Regarding your visitation -- if the court will only grant supervised visitation then you will not be able to get any visitation at all and will have to try to appeal any such decision.
13 years experience, divorce & custody issues, protective orders, child abuse issues
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