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  1. #1

    Exclamation Grandparents Rights in New York State

    My question involves grandparents rights in the State of: New York. Im not sure if this is where I should be posting this question? my in-laws are threatening to take me to court for visitation of my children and Im just wondering exactly what the law says. doesnt it have to be in the best interest of the children? if so is there a way to stop them from having contact with the children? they've fdone some not so good things, Including things that caused them to lose custody of their own children. help Im lost and Im tired of not knowning what to do next

  2. #2
    Join Date
    Nov 2007
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    Default Re: Rights in New York State

    Quote Quoting kayla200614895
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    My question involves grandparents rights in the State of: New York. Im not sure if this is where I should be posting this question? my in-laws are threatening to take me to court for visitation of my children and Im just wondering exactly what the law says. doesnt it have to be in the best interest of the children? if so is there a way to stop them from having contact with the children? they've fdone some not so good things, Including things that caused them to lose custody of their own children. help Im lost and Im tired of not knowning what to do next
    Yes, NY has a two tiered system. First they must be the biological or legal (as in you adopted a child making them the legal gps) AND they must prove that they have the right to sue you. THEN it goes to best interest.

    Were their children taking away via CPS or they simply lost custody to the other parent thru divorce (and if this is the case then one of your in-laws cannot sue you under the statues).

    Finally, where in NY are you? If you aren't comfortable posting that openly, send me a pm.

  3. #3

    Default Re: Rights in New York State

    im up by lockport. but they lost custody to her ex husband about 3 years ago because she had her children around sex offenders(which shes still around) and she isnt mentally capable of caring for herself says her psyciatrist

  4. #4
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    Default Re: Rights in New York State

    Quote Quoting kayla200614895
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    im up by lockport. but they lost custody to her ex husband about 3 years ago because she had her children around sex offenders(which shes still around) and she isnt mentally capable of caring for herself says her psyciatrist
    *groaning* Ugh, then your in Niagara County and MIGHT be screwed. I'm in Niagara County as well (North Tonawanda) and the judges like to give out gp orders. If they sue you will NEED a good attorney or you will need to research like crazy to win your case.

    First point. From your post, I'm guessing that it is your husbands mother and stepfather threatening to sue? If so, you will need to file to have him removed off the petition as he has no standing to sue under DRL 72.

    You or your attorney must bring up that she lost her own children due to the sex offenders. That should kill her petition under best interests.

  5. #5

    Default Re: Rights in New York State

    Quote Quoting Rushia
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    *groaning* Ugh, then your in Niagara County and MIGHT be screwed. I'm in Niagara County as well (North Tonawanda) and the judges like to give out gp orders. If they sue you will NEED a good attorney or you will need to research like crazy to win your case.

    First point. From your post, I'm guessing that it is your husbands mother and stepfather threatening to sue? If so, you will need to file to have him removed off the petition as he has no standing to sue under DRL 72.

    You or your attorney must bring up that she lost her own children due to the sex offenders. That should kill her petition under best interests.
    i hope so, she shouldnt ever be allowed to be around small children

  6. #6
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    Default Re: Rights in New York State

    Quote Quoting kayla200614895
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    i hope so, she shouldnt ever be allowed to be around small children
    Come back when and if they actually sue.

  7. #7

    Lightbulb Re: Grandparents Rights in New York State

    i might just beat them to it and serve them with a restraining order. im not putting up with them threatening me everytime i do something that doesnt benefit them.

  8. #8

    Default Re: Grandparents Rights in New York State

    Quote Quoting kayla200614895
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    i might just beat them to it and serve them with a restraining order. im not putting up with them threatening me everytime i do something that doesnt benefit them.

    This is not legal advice. Just info. surrounding circumstances we have experienced.

    What type of threats are the gp's making and do you have record/hard evidence (voicemail recordings, emails or witnesses) of these threats? If these threats will satisfy the criteria of NY's laws in ref. to protection orders and you have hard evidence of the threats, then possibly you should go for it. If not, be very careful.

    We are not in NY and I am not familiar with the laws there, so I can only tell you what we encountered when dh was going for a protection order against his mother. His mother had been trespassing on our property while he was at work, following me whenever she would catch me out. At that point I had not had any contact with her in over two years so there would never be any reason for her to come to our home or try to make contact with me. The woman is unstable and has a CCW. Dh was fearful that she may try to harm me or worse and then possibly kidnap his child. He went to the courthouse to file for a protection order and a magistrate informed him that typically without any proof of threats of bodily harm, protection orders are not ordered by the court. But given the circumstances surrounding our situation (dh had explained in detail other information in ref. to his mother's instability of which was inclusive of her appearing to have a sexual interest in his mentally disabled child.) The magistrate indicated that he believed dh and felt he should go forth in trying to obtain the protection order. This all occurred just prior to the gp's filing for visitation as not enough time had elapsed since dh had cut-off all contact with his parents. Dh spoke to his attorney about the situation and his attorney STRONGLY suggested he drop his motion against his mother. He indicated that if he were not to get the order against his mother, he would appear as being vindictive and this would work against him in court once the gp's did petition for visitation. DH followed his advice. This all took place nearly three years ago. Dh has been in a visitation battle with his parents for 2 1/2 years now. The courts are biased in favor of gp's regardless as to their conduct, their motives and incriminating evidence against them. Parents are labeled as vindictive whenever they limit or deny contact. So, please be very careful with your actions. If your gp files, the deck is automatically stacked against you. If you are not doing so already, document everything. Start a separate journal and begin logging all information surrounding the gp's conduct. Save all emails, voicemails, text messages. Always be mindful of your words and actions as they could be compiling information to use against you. And believe me, everything will be twisted around and used against you!!!

  9. #9
    Join Date
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    Default Re: Grandparents Rights in New York State

    What does the father of the children say?

  10. #10

    Default Re: Grandparents Rights in New York State

    Quote Quoting cyjeff
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    What does the father of the children say?
    he wants to be done with it too. theres no need to have to deal with this everytime something doesnt go her own way.

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