| googledad |
| (Carpal \'Tunnel) |
| 09/04/07 02:36 PM |
Re: Bamma Needs Help
|
[quote]It depends on the state whether the distinction between fit parent and fit "married" parent is drawn.
9 state supreme courts have held since 2004 that the distinction is irrelevant, and a parent must first be proven unfit before their decision can be overridden.
>>>>>>>>>>>> That leaves 41 others . special circumstances can also negate any concerns that a CP has , such as children living with a relative for an extended period .
In MT, the legislature passed a new grandparents visitation statute that takes effect on October 1, 07 that goes so far as to say that the wishes of a fit "custodial" parent with regards to grandparent visitation cannot be overridden until that parent is proven unfit, and then only if the grandparent proves that not having visitation is harmful to the child.
>>>>>>>>>>>>>>>> OP lives in Nevada , not Montana .
But regardless, in most cases of grandparent visitation litigation the first step to gaining visitation is to determine WHY the parent objects to the visitation and what if anything can be done to overcome that objection outside of a court room.
>>>>>>>>>>>>>> Custodial parents deny visitation all the time , most times for less than rational reasons .
Litigation between parents and grandparents tears families apart, and is traumatic for most all parties involved .. why not try to avoid that all together by first discussing the parents concerns like adults?
>>>>>>>>>>>>>>> Not everyone is rational enough . OP nevver stated this hasn't happened , why assume ?