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Divorce Source Community Forums >> Grandparent Rights

MTmom
Carpal \'Tunnel

Reged: 08/23/07
Posts: 2711
Loc: MT

Re: Bamma Needs Help

09/04/07 01:48 PM

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.

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.

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.

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?

Post Extras

Entire topic
Subject	Posted by	Posted on
Bamma Needs Help	bamma	08/30/07 03:03 PM
Re: Bamma Needs Help	googledad	08/30/07 03:56 PM
Re: Bamma Needs Help	bamma	08/30/07 05:46 PM
Re: Bamma Needs Help	googledad	08/31/07 07:32 PM
Re: Bamma Needs Help	MTmom	09/04/07 11:05 AM
Re: Bamma Needs Help	googledad	09/04/07 01:02 PM
Re: Bamma Needs Help	MTmom	09/04/07 01:48 PM
Re: Bamma Needs Help	googledad	09/04/07 02:42 PM
Re: Bamma Needs Help	tsl	09/05/07 05:39 AM
Re: Bamma Needs Help	googledad	09/05/07 06:29 AM
Re: Bamma Needs Help	aarennels	04/16/09 09:33 PM
Re: Bamma Needs Help	MTmom	09/06/07 03:50 PM
Re: Bamma Needs Help	googledad	09/06/07 05:39 PM
Re: Bamma Needs Help	MTmom	09/07/07 09:42 AM
Re: Bamma Needs Help	googledad	09/07/07 09:55 AM
Re: Bamma Needs Help	googledad	09/04/07 02:36 PM

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