MTmom
Carpal \'Tunnel
Reged: 08/23/07
Posts: 2711
Loc: MT
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Re: Bamma Needs Help
09/06/07 03:50 PM
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Troxel is not just WA caselaw. It was a decision handed down by the USSC, and it most certainly does effect NV, as well as 49 other states.
Tommie Grandville didn't die, her drug abusing ex husband Brad Troxel did. He was the NCP to their 2 daughters at the time he died. Tommie's 2nd husband (Kelly Wynn) had already adopted the girls when the Troxel's filed. In the year leading up to Brad's death, Tommie had been very generous to his parents with the time she gave them with the girls.. and she had well documented the fact that they refused to follow the guidelines she imposed during their time (for example, she did not want Brad's friends with drug convictions around the girls period. She did not want Brad's current gf, who the Troxel's admitted to Tommie had addiction problems, around the girls without Brad or his parents also present. Their parenting plan placed the same restrictions on Brad, she just asked that his parents abide by them too, they consistly refused.)
There are only 4 states that specifically prevent gp's from filing suit agains married parents. While the intent of "most" logical people might be to ensure visitation after divorce, that's NOT how the courts have interpreted the statutes. With the exception of the few states that state in black and white that married parents are exempt from litigation.. grandparents continue to be allowed their day(s) in court, and otherwise FIT parents have to find the money and the stregnth to fight it.
The process leading up to a hearing on gpv is devastating to the families of the children being fought over. In many ways, it's worse than the emotional and financial turmoil of a custody case between parents.
Regardless of what HAS to be done, what SHOULD be done by ALL gps wanting visitation is to first find out why the parent(s) oppose it. If more gps took that step before running off to court many families and their children would be protected from the horrible aftermath these lawsuits cause.
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