Out-of-State Grandparent Wants Visitation

My question involves a child custody case from the State of: West Virginia

My adopted mother (who lives in FL) is trying to get visitation with my son. We have never denied visitation. In the first 4 years she seen him twice. Then when we moved to FL for a year and she seen him once a month at best. We moved back to WV 6 months ago. She has not tried to contact us in any way since we moved back. All she has done is make 3 false reports to cps. My husband and I both agree she should not have visitation rights, even though we have not told her she cannot visit. I went through years of physical and emotional abuse from her when I was a child. She even took me from my biological mother. My son even came home and told me she said I was not his mother. I have to file an answer in 20 days.

What are the chances she will be given visitation rights? I want nothing to do with her.

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Quoting birdiemom

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My question involves a child custody case from the State of: West Virginia

My adopted mother (who lives in FL) is trying to get visitation with my son. We have never denied visitation. In the first 4 years she seen him twice. Then when we moved to FL for a year and she seen him once a month at best. We moved back to WV 6 months ago. She has not tried to contact us in any way since we moved back. All she has done is make 3 false reports to cps. My husband and I both agree she should not have visitation rights, even though we have not told her she cannot visit. I went through years of physical and emotional abuse from her when I was a child. She even took me from my biological mother. My son even came home and told me she said I was not his mother. I have to file an answer in 20 days.

What are the chances she will be given visitation rights? I want nothing to do with her.

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Is your husband the father of your son? Are you an intact family? If so, you should respond by asking that her petition for visitation be dismissed on the basis that you are an intact family and both object to your mother having court ordered visitation rights.

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Quoting llworking

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Is your husband the father of your son? Are you an intact family? If so, you should respond by asking that her petition for visitation be dismissed on the basis that you are an intact family and both object to your mother having court ordered visitation rights.

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Yes, my husbnd is the father of my son. And yes we are an intact family. Do I need to explain why we dont want her to have visitation rights or just state what you have said before?

Thanks

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Quoting birdiemom

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Yes, my husbnd is the father of my son. And yes we are an intact family. Do I need to explain why we dont want her to have visitation rights or just state what you have said before?

Thanks

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Something along the lines of what I stated should be enough. You are an intact family.

thank you so much.

Did she file in West Virginia or Florida? Make sure it.was.West Virginia where you and child live.

She filed in WV.

Does she understand that FL will generally NOT enforce such an order?

She doesnt know anything. She thinks if she gets visitation rights she can take my son out of state. Which as I understand it, she cant do.

Mom, you need to fight this tooth and nail.

This is a toxic grandparent. NO decent grandparent would EVER have said such a thing to your child.

I am fighting with everything I have. I will NOT let her do what she did to me to my son.

Please standby for llw to respond again, with hope.

She has OODLES of experience with GPV suits. :)

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Quoting Dogmatique

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Please standby for llw to respond again, with hope.

She has OODLES of experience with GPV suits. :)

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I will be here waiting. Thank you all for the help.

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If we do end up going to court over this BS, does my 5 year old need to come to court too?

I do not want him to see the grandmother at all. I have a very good friend he could stay with.

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Quoting llworking

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Is your husband the father of your son? Are you an intact family? If so, you should respond by asking that her petition for visitation be dismissed on the basis that you are an intact family and both object to your mother having court ordered visitation rights.

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So I filed my answer to the clerk of court today, stating what you said before. They said they cannot dismiss the case just because I asked them to. I stated that was for the judge to decide not the clerk's office. The clerk then said: their not going to like this. They seemed very pissed off that we objected to the visitation.

Also, does it matter that the paper we received said it was pertaining to a divorce at the top? We asked them about it and they said thats what it says on everything that comes from their office.
They do everything weird here.

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Quoting birdiemom

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I will be here waiting. Thank you all for the help.

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If we do end up going to court over this BS, does my 5 year old need to come to court too?

I do not want him to see the grandmother at all. I have a very good friend he could stay with.

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So I filed my answer to the clerk of court today, stating what you said before. They said they cannot dismiss the case just because I asked them to. I stated that was for the judge to decide not the clerk's office. The clerk then said: their not going to like this. They seemed very pissed off that we objected to the visitation.

Also, does it matter that the paper we received said it was pertaining to a divorce at the top? We asked them about it and they said thats what it says on everything that comes from their office.
They do everything weird here.

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The clerk has no business expressing any opinion at all on what you have filed. I would also be very interested to know who "they" are...the "they" that won't like it.

I'm guessing she was refering to either the judges office or the actual clerk of court.

The first person I gave my answer to read it then showed it to someone else and discussed it quietly between them, then took it to another person and did the same thing, then to a third person who said that they were not going to like it.

I know it was none of their business but didn't say anything because the last time we were there the clerk threatened to have us arrested because we kept asking how we were supposed to give them an answer (didn't know if there was a form we needed or what, and still had no idea when we left).