cwyatt1548
recently joined
Reged: 01/31/05
Posts: 10
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Does anyone know what the usual rights are given to a grandparent? My husband has custody of his son. His ex lives in KY but her Mother resides here. [color:blue] [/color]
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aussie928
old hand
 
Reged: 10/29/04
Posts: 969
Loc: Dallas
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G'day luv. Sorry but in Texas basically grandparents have no rights unless they go to court and then this is still difficult.
If your husband has the standard Texas possession order it more then likely has a right of first refusal clause. What this means is.. if she cant exercise her rights she cant give them to her parents unless the other parent agrees to this. But of course unless there is an issue I dont see why you wouldnt want the wee one to see his grandparents
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Diane67
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Reged: 08/14/04
Posts: 341
Loc: California
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It has been done though. I worked for a man in GA who got his grandchildren 1 weekend a month and 2 weeks in the summer. He was very stubborn and didn't give up till the courts gave in. It is possible - just do your research.
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aussie928
old hand
 
Reged: 10/29/04
Posts: 969
Loc: Dallas
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Absolutely luv it can be done... but if you read the post again.... I have a feeling they are trying to keep the grandparents away from the wee one...
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Diane67
enthusiast
 
Reged: 08/14/04
Posts: 341
Loc: California
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OK - so I didn't read it too closely. I would imagine the grandparents would have to be pretty tenacious to get any visitation rights. My boss was one of those. I know that normally there aren't any rights given automatically. Squeaky wheel syndrome.
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cwyatt1548
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Reged: 01/31/05
Posts: 10
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There is no right of first refusual in his court order. If he Mother acted properly, my husband would have no problem with visits but everytime she comes to our house she wants to start a fight because she is so bitter her daughter lost custody. My step-son says she talks bad about his Dad and he does not like it. But he will not tell her this. She has even threatened me with bodily harm recently and I do not take kindly to anyone saying they are going to put their hands on me because about a year ago I was as my parents restaurant we've had for 19 years cleaning on a day we were closed and a man came in and tried to rob me. He stabbed me up so bad because I did not have any money I suppose, that I almost died. Everytime she comes around she wants to fight.
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aussie928
old hand
 
Reged: 10/29/04
Posts: 969
Loc: Dallas
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G'day luv...if there is no right of first refusal.. ROFR...then the ex can have her mother see the wee ones.. on HER time..but this doesnt mean that you have to allow this any other time. As to the threats...you need to be calling the police when this happens...but just so it doesnt look like you are making this up.. may I suggest you get a small hand held voice activated tape recorder.. and each time she comes to visit have this on you. Another threat ..call the police.. play the tape and get an RO
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cwyatt1548
recently joined
Reged: 01/31/05
Posts: 10
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Good idea. Never thought of that. My husband would have no problem if she would just act like a mature adult. My step-son does not know his Grand-Mother that well since he had been living so far away for the past 10 years. He says he wouldn't mind visiting her but does not want to spend the night with her. Her last husband that just passed away, my step-son hated. He said he was very mean. It is also a concern with my husband that every man she marries (this was number 6) she meets them off the internet. Her own daughter even does not like it. There are all kinds of nuts out there. And as for my husband's ex, we found out in court she spent 10 months in prison for stealing a doctors prescription pad and was trying to write her own. She got busted at the pharmacy and is now on 6 years parole. So I think that had something to do with the outcome also. And also if there is no Right of First Refusal in the court order, why would my husband have to allow her his Mothers visitation time? By the way, love the accent LOL! Too bad I can't really hear it.
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aussie928
old hand
 
Reged: 10/29/04
Posts: 969
Loc: Dallas
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My hell.... you would be surprised how many have a wee hard time understanding me. The crock hunter...prolly doesnt enunciate so much in real life as I think he spent a great deal of time in the outback so you prolly couldnt understand him either.. but thank you luv. I'd be happy to call but dont want a irate husband looking for me...lol
The way I've had it explained to me: when one has visitation they can take the wee ones where they want as long as they are not in danger unless of course there is a ROFR.
The only thing that may stop this.. since you dont have an ROFR ...which is pretty standard in Texas is if it doesnt state that any competent adult chosen by either the NCP or CP may pick up the wee ones.
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