Recent Case Seems to Put Grandparent Rights in Question
The Alabama Court of Civil Appeals recently decided the case of C.D.P. v. D.P. and D.S.P. The case involved paternal grandparents who were seeking to have the Court award them visitation with their grandchild. The mother was opposed to unsupervised visitation. Their was no dispute that the grandparents had peviously been very active in the grandchild's life.
The trial judge awarded the grandparents visitation. But, the Court of Appeals reversed that decision and held it to be improper.
The law regarding grandparent visitation has been in a state of flux ever since the United States Supreme Court rendered it opinion in Troxell v. Granville in 2000. I have previously written an article that reviewed that important decision. It can be found on the Articles page of our website, www.shermanjeffries.com.
It appears that post-Troxell, it will be very difficult for grandparents to receive Court Ordered visitation absent an allegation and finding that the custodial parent is unfit.
I will point out that this case was decided under a version of the grandparent visitation statute that has since been amended. But, the trend nationwide still seems to be that courts are slow to award grandparent visitation against the wishes of a fit parent.
My son passed away in Feb 06. I have a grandson that is going to be 4. My son did have visitation rights. I live in the state of Indiana. I recently recieved an hateful email from the mother. Bascily she doesn't want me or my family to be a part of my grandson life. I have traveled numberous times to Baldwin county over the last four years to see my son when he was living and to see my grandson. I don't want bitterness between me or the mother. However, I do want a relationship with my grandson.Over the years I have kept in touch with Kaleb by sending books every six week. I send gifts for birthday, christmas, and when I've come to visit I have bought clothes. I can prove all of it by reciepts and notes I have written. I don't want to cause trouble but I do love my grandson. His daddy is no longer here and as far as the mother is concern, she never wants my grandson to know his daddy. Base on what I have read about Alabama law, can you help me? On a previous web-site I have left my information for your law firm to contact me. Thank-you in advance for your help in this matter. Sincerely, Susan Sharpless
Thanks for the info. What happens with grandparent's rights when both parents are fit, the non-custodial parent is the father and the paternal grandparent's would like to pursue grandparent's rights with the blessings of the non-custodial father?
That is a very tough situation. On the one hand if you have two fit parents, the courts are inclined to allow those parents to make the decisions about the children. In this case, apparently, the parents are split as to whether the grandparents should have court ordered visitation. Many times if the custodial parent is fit they will put a strong emphasis on her desires (perhaps saying that the grandparents don't need separate court ordered visitation, but rather they can see the child(ren) when their son is exercising his visitation rights). However, the courts will consider all facts. So, there may be some other factors in this particular situation that could swing the court the other way.
Good luck. And, thanks for reading the blog.
My wife and I were given custody of two grandchildren because the parents would not comply with court ordered drug testing, rehab etc. They are addicted to crystal meth. They were put in jail about 6 months ago for 90 days due to a drug related offense. They have been out only since Jan. and have done no rehab, neither have a place to live other than parents. This has been going on for over 5 years. We have had the 5 year old for over 4 years and the 2.5 year old for over two years. The parents are very unstable in their relationship to each other, the father has violent tendencies when drinking. Now the mother has decided to sue for custody. We strongly feel this is not in the best interest of the kids. We have in no way denied them visitation and would continue to do so as long as their situation improves but would a court order custody to the parents given this situation and would we have a leg to stand on in gaining visitation rights.
Tony H. - Yes, under those facts, it seems as grandparents you would have a leg to stand on. But, really your issue involves custody rights, not visitation. So, the original posting I made here is not as relavent to your situation.
My husband passed away 5 months ago. Since he passed away I allowed his biological mother to visit our daughter. I have also allowed his father and stepmother to visit as well. 10 weeks after he passed away his biologial mother sued me for visitation rights, because I would not set up a permanent schedule, every though she had seen my daughter 3 times in the last 10 weeks. Only after she sued me did I deny future visitations. She has not even ever been left alone with my daughter not even when my husband was alive. He also wrote in his will that he did not want her to sue me. Since she had informed us that she would a month before he passed away. We are getting ready to go to court adn she keeps changing her story. She is now saying he denied her visits as well before he passed away. She is a good person lawfully. But I refuse to leave my daughter alone with her, she speaks ill of everyone, including me to my husband while he was alive. What is the best way to go about this.
Stephanie,
You will need to go to court and attempt to prove that it is not in your child's best interests to have a court ordered visitation period with the grandmother. I cannot advise you about your chances of success, because I would need to know many more facts about the case. But, as I advise all of the readers of this blog, you should get a lawyer who specializes in divorce and family law to represent you. This is a very specialized area of the law, so you want someone who spends most of their time on family law (custody, divorce and visitation) matters. Good luck.
I have read your response to Brad Gooden's questions from May 19, 2006. I have a similar situation with my ex-husband's mother wanting to assume her son's visitation rights since he has recently moved from Mobile to Kansas and can not see our daughter in accord with standard visitation. He is the non-custodial parent and is in agreement with his mother's request to assume his visitation every other weekend, etc., without him being around.
Does he have the right to transfer his visitation to his mother without a supporting court decision, if I am not in agreement?
I have always allowed his family frequent visits with our daughter and have often driven her to the grandmother's home in order for her to spend a weekend or several days at the time with them. Now they are demanding that I allow her to visit in accord with her father's standard visitation and I feel that is not in her best interest.
I am certainly agreeable for her to continue to visit with her father's family as often as is practical, say at least once a month, but the rigidity of the standard visitation is unreasonable, in my opinion.
In addition, the grandmother expects me to faciitate my daughter's weekend visits by driving at least 95 miles (one way) to the half way point between our residencies, both to take her and to pick her up. Assuming that the grandmother is allowed to assume the father's visitation schedule, does standard visitation specify which parent is responsible for transporting the child to and from the non-custodial parent on his visitation weekends?
Thank you for your comments.