Grandparents Threaten Visitation Right

**galady** · 07-14-2008, 07:21 AM

My question involves grandparents rights in the State of: GA and FL

Odd conversation with my in-laws leads to these questions. I have custody of the 2 children of issue. The in-law grandparents hardly have any communication with my children, by thier own means, not mine. Since the children where born and came of age 3 or 4 they spend some time with several family members (from both sides) during the summer months. Never has there been an issue in this arrangement. My husband and I divorced 3 years ago and each year I always contact him to make arangements for the children for the summer months. Each year he is telling me to contact his mother and make arrangements, which leads me doing all the traveling to get my children to and fro from FL. I do not feel that this is my responsability to get my children to the in-laws for visitation! Shouldn't this be the responsability of thier father and his parents?

This year i put my foot down that I am not making the travel and they should contact their son to have arrangements made. They yelled at me and threatened to take me to court that they have rights to see the grandchilren and I agree they do, but how can they take ME to court over this when the father nor they are willing to put the effort it requires to get them? In the past 11 years I can safely state that they have traveled to GA maybe 4times excluding when they were born. And every year I allow them to go to FL. What grounds in court do they have against me? And if we do go to court, what is my arguement other than the aforementioned?

Sorry so long winded, I am just floored about all of this.

**LawResearcherMissy** · 07-14-2008, 07:41 AM

They can take you to court, sure, but that doesn't mean they will win.

Georgia's stance on grandparent visitation is that they must prove that lack of a relationship with the grandchildren would harm the children. That's all the law says.

They don't have any grounds on which to sue. The law does not provide for the grandparents to stomp their feet and demand "You bring the children to us, dammit!" If they want to see the grandchildren, you can insist that they make the arrangements.

**galady** · 07-14-2008, 07:56 AM

Thanks for the reply, would you happen to know in which state they will have to file the complaint? GA or FL, they reside in FL.

**LawResearcherMissy** · 07-14-2008, 08:15 AM

They would have to file in Georgia.

Not that Florida's law would help them any - it's quite similar to Georgia's.

No state in the Union demands that parents bring the grandchildren to the grandparents.

**Xena** · 07-14-2008, 12:38 PM

Quoting galady

Thanks for the reply, would you happen to know in which state they will have to file the complaint? GA or FL, they reside in FL.

Florida's laws on grandparents' rights has been ruled unconstitutional, although the statutes remain on the books.

**cyjeff** · 07-14-2008, 02:25 PM

I would also, politely, tell your outlaws that the next time they threaten you with a court order demanding to see your children, they better get one....

Because it will be the only way you will allow them to see the children.

I dislike, with a passion, people that use the legal system as a stick to beat others down.

As the able posters have stated above, they have the proverbial snowball's chance.

Tell the outlaws if they want to see the children, they are welcome to come up to Atlanta and take them to Six Flags or the Aquarium for the day. Other than that, they better talk to their OWN child about it.

And then change your number.