Courts Rejecting Petition

[krissy22]

My question involves a child custody case from the State of: Indiana
Can my ex daughter in law file something back because she feels my visitation petition is unreasonable? I was wanting weekends with grandchild and have had about 4 overnights a year . I thought it would be a great starting point so I would have room to negotiate.

IC 31-17-5-4
Venue
Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable visitation rights:
(1) in a circuit, superior or probate court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), or 10 of this chapter; or
(2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter.

[aardvarc]

She doesn't need to file anything back. She can simply wait until your motion is heard before the court, and tell the court that weekends isn't reasonable given the history.

[eepk]

This is just my opinion and I'm not a senior member here, but every weekend is NOT reasonable. If mom works during the week then weekends are most likely her time to spend with her child. If I were mom I would definitely see that as unreasonable. And if it were my choice I'd give you no visits for trying to force them.

Some grandparents don't get any overnights with their grandkids, you should be happy with the 4 you have. Or try to work it out with mom OUTSIDE of court where she'd probably more likely to work with you.

[aardvarc]

Given the post history, I sadly suspect that the OP has incredibly high expectations, when her chances are incredibly LOW to get what she's seeking - and that it's going to end up with the CP taking the child completely out of the grandparent's lives.

Yanno how they say you catch more flies with honey? The flip side of that is that grandparents who attempt to FORCE visitation end up making two things: money for attorneys, and enemies of the parent who ultimately controls the child, where the child lives, etc. Remember what a court order realistically is: it's a piece of paper. Even the strongest-worded order in the world won't FORCE mom to allow visitation. It'll give you grounds to take mom back to court for contempt if she doesn't follow the order, but that presumes that you're able to find her. See the difference between the legalities of the situation on paper, and the realities of the situation in ACTUAL practice?