I am a grandmother of 13-year-old twins boy and girl. They live in Colorado. I live in Mississippi. Their parents were divorced Sept 2015. They do not like each other. Their dad, my son, lives with me due to economic issues. The final decree gives but lenient visitation with dad. They are supposed to be with dad in the summer for a month, which will be June this year. However, the mother says that daughter may not want to come. My son facetimes children EVERY evening for hours at a time. He loves them dearly. Before divorce, I sent daughter in law a lot of money each month and totally furnished her apartment, including 3 ipads and 2 computers. We believe mother is saying that daughter may not come is because mother does not want her to come. The mother will send pictures of twins to her parents, but none to me or my son. Later on this summer or next summer, mother will be visiting her parents in Hawaii, but is thwarting the children's visits here. The children were here for 4 days at Christmas. Beside that short visit, the children have not been here in 8 years. I've had to travel to CO to see them. Please help. Thank you, Edwina
Your son should work with a Colorado attorney to make sure he is getting the parenting time that was awarded to him. A grandparent may be able to intervene in a case but it is much more difficult to get grandparent visitation awarded than to enforce an existing parenting time order.
The answer given is not legal advice and does not imply that an attorney-client relationship has been established. Your best course of action is to have legal representation in this matter
Under the circumstances you have described, unfortunately, you do not have any rights a court is likely to recognize and enforce. The true problem here is that your former daughter-in-law is interfering with your son's parenting time, and only he can take steps to enforce that parenting time. Once he gets his parenting time, then, presumably, you will see your grandchildren when they spend time with their father. Consider assisting your son in taking steps to enforce his parenting time, rather than trying to create "grandparent visitation rights." Although Colorado has a grandparent visitation statute, a U.S. Supreme Court decision several years ago has rendered grandparent visitation statutes useless except in situations where a grandparent was acting, in effect, as the grandchildren's parent for several years.
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
I agree with my colleagues - the best route is to hire an attorney who practices in the Colorado County where the divorce was granted to assist your son in enforcing the parenting time he has already been granted. And be aware, if he fails to do so, his ex-wife may try to use any history or the parties' "deviation" from the Order as evidence of your son's agreement to change it.
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Your best bet to see your grandchildren is to help your son enforce his parental rights. Help him hire an attorney to establish and enforce his rights to parenting time. It is not up to the children whether they want to come. This is the sort of decision made by adults.
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