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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7451
Experience:  Experienced Family Law Attorney
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What are the options if my children's grandparent continues

Customer Question

What are the options if my children's grandparent continues to interfere with me spending time with my kids?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Are there any custody or visitation orders in place? And what state is this in regards to?

Customer: replied 1 year ago.
No. Missouri.
Expert:  LegalGems replied 1 year ago.

And the grandparents have physical possession of the child? With no court order?

Customer: replied 1 year ago.
No. There are no court orders. My wife and I have been separated for approx. 4 months. There mother has them during the week and I have them every other weekend. I work second shift Monday thru Friday. For a while I had my kids for at least some part of the weekends that I wasn't scheduled to have them. The grandparent (my father and step mother) continue to take them on the other weekends without letting me know. I have asked my wife to let me see them any time she does not have them. I have also asked the grandparents to let me know so I can come to spend time with them. I generally find out late in the weekend. Is there anything I can do to keep them from interfering?
Expert:  LegalGems replied 1 year ago.

When there are no court orders in place, both parents have equal rights to the children (and this supersedes any grandparent rights). Generally when parents separate, they will apply to the court for temporary orders (pendente lite) so that there is a valid and enforceable court order re: child custody,, visitation and support. If a parent violates this, the parent that is being denied visitation can actually call local authorities and they will enforce a court order (they will generally not get involved if there is no court order).

Under section(###) ###-####the court may award grandparent visitation rights; without this order though, the grandparents have no legal right to see the children (or to deny one parent the children).

Also, when determining a custody order, if one parent is purposefully preventing the children from seeing the other parent, this can affect custody, because it is considered "parental alienation" and is not in the children's best interests.

Expert:  LegalGems replied 1 year ago.

This brochure explains the terms, the process, and how custody is awarded

here

Expert:  LegalGems replied 1 year ago.

Did you have any questions on the above?

Expert:  LegalGems replied 1 year ago.

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