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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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When my son divorced, he and his wife had shared custody of

Customer Question

When my son divorced, he and his wife had shared custody of my granddaughter, and his wife demanded that it be specified in the divorce decree that I was never to be alone with my granddaughter. So, unfortunately, for 7 years I could not interact in any way with my granddaughter unless my son was present. Recently, my son sued her for full custody and won (she has visitation rights). My question is: If my son now has full custody, does the demand in the divorce decree that I not be alone with my granddaughter still be honored?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good evening Carole,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The fact that you were not a party to the divorce action, the judge telling your son that you could not be alone with your grandchild never applied to you personally, and you cannot get in trouble for taking care of your granddaughter by yourself. That ruling only applied to your son. And unfortunately, the fact that he is not the primary custodian of his daughter does not work to terminate that original order. The only thing that has changed is the time which he now has custody. If he wants to avoid the order himself, he would have to ask the court to end that limitation on you caring for your granddaughter.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
What does I "was not a party to the divorce action," mean? If my son's ex-wife specifically includes my name in the divorce decree, doesn't that mean I'm a "party to the divorce action?" Don't understand how that very specific stipulation could apply only to my son. I know that in addition to my not being able to be alone with her, my son had to be present; in other words, even if there were another person with my granddaughter (NOT my son), I had to leave.
Expert:  LawTalk replied 1 year ago.

Hi Carole

You wrote: What does I "was not a party to the divorce action," mean? A party to the action is a plaintiff or a defendant. In a divorce case there are just 2 parties to the action---the husband and wife. Because you were not part of the lawsuit, the court was not able to order you to do anything, or to refrain from doing something. The fact that your name was mentioned in the decree did not magically make you a party to the action.

I know that in addition to my not being able to be alone with her, my son had to be present; in other words, even if there were another person with my granddaughter (NOT my son), I had to leave. And yes, it is possible that was what was intended by the court. But again, you cannot get in any trouble with the court for not following that ruling by the judge.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 1 year ago.

Hi,

Is there anything else I can assist you with today?

Doug