Jes, call me, you gots my number.
HELP!! SHE IS TRYING TO GET TO MY SON!!!!!!!!!!!!!
by Jesika 46 Replies latest jw friends
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sunshineToo
Jessika, {{{{{{{{{{{{{{{{{{{{{{{{{{{{Jessika}}}}}}}}}}}}}}}}}}}}}}}}}}}}
Hang in there. As far as I know she doesn't have rights as much as you do regarding your son. I see many are giving you some good advices. Stay calm and talk to your lawyer.
Hope things go better for you soon.
love,
sunshineToo
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Country Girl
Saw your post about her trying to pursue grandparent's visitation rights in texas. Unfortunately, Texas is one of those states that believes that Grandparents have a right to visit their children. The judges are bound by the law, which is the following: Court held that the grandparents rights laws of the state of Washington were unconstitutional. To my knowledge the United States Supreme Court has not ruled on the laws of any of the other states. That court opinion said that the Washington statute was "breathtakingly broad". That case also held that the Washington statute unconstitutionally infringed on parents rights to make decisions concerning the care, custody, and control of the their children. The Washington trial court gave no special weight to the parents determination of the children's best interest and placed the burden of proof on the parent to disprove that visitation with the grandparents would be in the best interest of the children. Recently, in Texas, our Court of Appeals in Austin has held that the Texas grandparents rights laws are constitutional. The Austin court said that the Texas Family Code is not "breathtakingly broad", as was the Washington statute. Texas law allows only grandparents, under particular circumstances, to petition for access of a child, provided it is in the child's best interest. The Austin Court of Appeals held that the Texas statute is not unconstitutional on its face or in the District Court's application of the Texas statute to the facts in the case they were deciding. Each case depends up on its own particular and unique facts and circumstances. There may be a case in Texas where the application of the Texas statute's to the facts of that case might be unconstitutional. The Texas Supreme Court might overrule the Austin Court of Appeals. The United States Supreme Court might decide that the Texas statute is unconstitutional. But, for now, grandparents rights in Texas are alive and well! So, for now it seems she CAN file for grand-child visitation rights. That doesn't mean that she is going to take your son, nor does it mean that the court will be LIBERAL with the rights. It seems that it only means that she has the RIGHT to sue for visitations, not that she will be able to have ONE whole weekend, unbarred access to your child. To me, this means that the Court takes into great consideration the circumstances surrounding the child's upbringing, parents' hesitations, etc. I don't think that you don't have to hire a lawyer. Since she is bringing YOU to Court, it seems that the burden of proof on WHY she has to have visitations with your son is on her. It seems she has to prove to the Court that she, besides being his Grandmother, will be beneficial to your child. You, it seems, all you have to do is show up. Don't worry... Just go and tell the Judge what you told us in the group. He/She will appropriately decide what is to be done with her requests. I am *not* a lawyer, nor do I have any legal expertise. I have been through custody trials for a long time in my life and do have a particular experience with it.. Just go and tell the Judge. Don't worry.. he'll prolly take you and your ex's hesitations into consideration. Wishing you the best of luck country girl
Edited by - country girl on 8 January 2003 13:55:38
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ApagaLaLuz
Countrygirl : Your post was right on the money
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Jesika
I spoke with many of you on the phone last night and I am doing much better today.
I had a mixture of feelings yesterday...........shock, hurt, anger, panic, frustration, to name a few.
I spoke with my step father and he said for me not to worry about it cause it is a "grandparent war".
I will be talking with my x and my step father to find out what he is going to do to interviene.
I will keep you all posted.
Love and thanx to everyone,
Jesika
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Country Girl
Thanks for the vote of confidence ChevysNTats. I have been through this crap at least three times. When my son was growing up, they filed on me three times. I won all three. The reason that I won all three is because his Father was so busy working to afford to go to court that he didnt' have enough time to spend with our kid. All that guy wanted to do is WORK. No time to spend with he kid. I got wise later on and just didn't get lawyers. I just talked to the Judge.. and told him the situation, and I got custody all three times. The deal with this is you just have to talk to the Judge. It doesn't matter what motions you file, etc.. if you talk to the Judge and write him a letter.. and then bring people into court that support your position.. well it all works out. I learned that later on. If you have a position that you don't WANT a certain person visiting with your child... you just bring all the peopel that support your position into court and they testify.
cg
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Banshee
(((((((((Jesika))))))))))
I had no idea what was going on with you yesterday because I did not see this thread, I am sorry. My heart goes out to you. This is a terrible thing your mother-in-law is doing to you and your son!
My father's mother was very much like this woman...deceitful, manipulative and lying to her own flesh and blood to turn us against on one another. The terrible part of it was that she would cloak her wrong actions in "good intentions" and "trying to do what was best".
I know that you and I do not know each other but know that my thoughts and best wishes go with you during this awful situation you are dealing with. Hugs to you!
---Banshee