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Roger, Attorney
Category: Family Law
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am recently divorced from my husband of 20 years which we

Customer Question

I am recently divorced from my husband of 20 years which we have two boys. One is 16 and one 12. He is disabled from a brain tumor he had 15 years ago. He does not drive and has the mentality of a 10 year old. His father has guardianship over him. The divorce creed reads companionship for visitation is to be at the paternal grandparents which I requested because I did not want kids left alone with him. The grandfather is one of a kind and has always thought he acted as the children's father in absence of my ex-husbands ability to do so. The problem at hand now is that he thinks he has guardianship visitation rights even when my ex-husband is not there. The creed does not read parent and/or guardianship. For example, this weekend the father will be out of town on Saturday and he is insisting that it is up the the boys if they want to stay at the grandparents house even when the father is not there. Can you please advise of this situation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

You're exactly right that the divorce decree governs, and if it doesn't say that the grandparents have the right of first refusal if the father can't exercise his visitation, then the grandparents don't have that right.

Expert:  Roger replied 1 year ago.

But, the grandparents could file a petition in court for visitation and seek a court-ordered right to see the grandchildren.....and the court is likely to grant that based on the history of their relationship and the role the grandparents/grandfather has had in the child's life.

Expert:  Roger replied 1 year ago.

But, the grandfather being guardian of the father doesn't give him (grandfather) the ability to substitute his name in place of the father in the order.