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  1. #1
    Join Date
    Jul 2006
    Posts
    3

    Lightbulb Re: Getting Visitation rights terminated

    Can someone help me. My husband and I are trying to adopt his 4th cousin. His mother was murdered by the babys father and convicte and senteced to prision. The fathers parents, who are not good people, are wanting visitation rights. We do not think this is in the best interest of the child to allow these visits until he is old enough to understand what happened. The grand parents have not one child that is not in prision or on drugs or in gangs. We are in the state of Texas. Can anyone please give us helpful information on how to win over these grandparents. Please don't get us wrong, we do feel that grandparents plan a very important role in a childs life.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Getting Visitation With Your Grandkids

    Quote Quoting Samantha
    Wcan be done when both parents (still together) who refuse to allow us visitation with our grandchildren. Everybody says not involve the children and to try to resolve things amicably with the parents. This cannot be done as they refuse to call us and have stated that we may not call them or they will charge us with harassment.

    We have been a big part of our grandkids lives since birth, but some relatives lent our daughter some money and they refused to pay it back. This has caused some family friction, and they accuse us of taking the other people's side so they won't let us see our grandchildren.

    We were going to visit our son (our grandkids uncle) this weekend, but our daughter called us and told us we shouldn't go because our grandchildren would be visiting him. We have done everything we can, and have tried to wait this out, but it is getting ridiculous. We can't even talk to them on the phone.

    What can we do legally to establish the relationship with our grandkids? Can I file a court case or get mediation?

    My response:

    Parents have a 14th Amendment substantive due process "fundamental right" (a "liberty interest") to make decisions concerning the care, custody and control of their children. A state law that, as applied, which allows trial courts to grant nonparent visitation rights over a parent's objection whenever the court determines such visitation may serve the child's best interest, unconstitutionally infringes on that right. [Troxel v. Granville (2000) 530 U.S. 57, 65-70, 120 S.Ct. 2054, 2060-2062.

    In layman's terms, the parents have the final say. Many States have unsuccessfully tried to subvert or "get around" the rule of law as stated by the United States Supreme Court on this issue, and despite attempt after attempt by their respective legislators, have failed. Such continued attempts at legislation are currently winding their way through the courts as we speak.

    Troxel teaches that trial courts must resist the temptation to personalize the proceedings and to substitute personal judgments for the decisions made by fit parents regarding visitation.

    As disturbing as the Troxel law may be, it is, nonetheless, the law of the land.

    IAAL

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