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Grandparents rights.... and partial visitation

Indiana, PA |

If my ex had 50/50 until last week, when he signed over primary custody to me, and now his mother is wanting to intervene what are causes for her not to be allowed to intervene. I had not really spoken to them for over 3 years, because they pretty much said I was a bad mother. Now, they are not talking to their son, because he gave me his rights. Which is honestly the best thing, besides... his parents were the cause of the bad custody battle, and now her father and I are getting along. We also have open visitation in our custody order. I need help as his atty has withdraw, because she was friends with his mom, and I am pro se. Obviously mandating time with this woman is not in the best interest of anyone.

Attorney Answers 4

  1. Best answer

    Grandparents do not have rights over the parents of the children. However, if she is mounting a fight to have some type of custody, you need to contact an attorney to assist you with her challenge to have some partial custody.

    You may contact the Law Office of Robin J. Gray for further legal advice. Office (610) 689-0877; Fax (610) 689-0932; Cell (484) 769-5855; This answer is for informational purposes only. It does not establish an attorney client relationship.

  2. If the parents of the child(ren) have been separated for six (6) months; or, if the parents have undertaken and continue steps necessary to dissolve their relationship, grandparents are permitted to file for partial physical custody. I have linked the statute to this answer.

    If you want to contest the grandparents' request for custody, you should contact an attorney to assist you. They will likely be granted standing so long as you and the father have been separated for 6 months; so, you will need to show to the Court that it is not in your child(ren)'s best interest to be required to spend time with the grandparents.

    Joe Hirschmann
    Indiana Custody Lawyer

    The answer provided is for general information only. No attorney-client relationship has been formed. Please contact an attorney in your area for case-specific advice.

  3. I agree with Mr. Hirschmann but want to add that, often in my experience, if the grandparent's' own child has custodial rights to the grandchildren and does not want his/her parent to be in contact with children, the court will take that into consideration when determining whether it should essentially override the wishes of both parents. The best thing for you to do is retain an attorney if they file for custodial time.

    Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

  4. I agree with my colleague that if the other parent has custodial time, his parents' rights stem from him. I think that if neither of you want the children to have contact with them, the court will be reluctant to allow them to interfere. You will need to retain an experience attorney if they file a custody action or attempt to intervene. It would be a mistake to try to fight the on the own.

    My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

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