Grandparents Rights in California
I just got served. Hex cut her mom off so her mom is suing both Hex and Dh for grandparents rights. She has an attorney and court date is 1/5/18.
Комментарии
So Hex's mom wants to settle out of court and "not have any animosity" so she can still see him ? That's all the update for now. I don't wanna jinx anything.
Edit: Even our lawyer said don't allow anything because 1 she's toxic and 2 then she can go and say we can't move because she's visiting SS8 at school or whatever and it would be detrimental to him to lose her.
I'm sorry you're dealing with this too. It sucks but don't give up yet. Get all your evidence together showing she's a bad influence on ss. And if she brings up the breast cancer, then that opens the door for you to use that against her. Find any information you can about behavior and personality changes for people going through cancer. Say you don't feel it's in ss best interest to see someone going through breast cancer and the changes that come with it. It will be detrimental to his mental well being.
Then find out why your attorney hasn't requested a change of venue. If you can prove that she has friends in the court and they're helping her, there should be a change of venue. I would request one for another county family judge.
If you have proof of other frivolous lawsuits or that she said she's just going to keep taking you to court, use it in court. And ask that she cover court costs for all frivolous lawsuits she file.
Usually for a grandparent to get rights they have to show they were involved on a regular basis. My aunt and uncle got them but they were regularly involved with their grandchild. The mom decided she didn't want dad or my aunt and uncle to see him anymore for no reason. She ended up losing in court for grandparents rights, my aunt and uncle got one weekend a month with the child, then mom decided to just give the child to the dad anyway. It was a waste of money for my aunt and uncle because the mom ended up giving their son custody but they still got the court to agree to give them their own time. So if the court goes against you, I would ask for one weekend a month to fall on mom's weekend.
She may try to play the cancer card and the courts be sympathetic. She could say that she realizes the value of life now that hers hangs in the balance and doesn’t want to be kept away from her grandson any longer.
As others have said, I’d fight for her time to occur on HEX’s time, as it would typically occur. Let the two of them fight out who gets SS when during her visitation.
Will her hearing occur after or before yours to move? I’d push for a move request to be heard first. If she gets visitation before a move is approved you may be on the hook for all travel related costs, as well as footing the bill to negotiate you move with her and HEX.
Hope I’m wrong and she get told to back off, with no impact on your move.
She's like 50 with breast cancer and idk what happens.
Lawyer emailed. Wants $2,500 today so she has time to prepare. We don't understand how she got a court date so fast! Our court dates take 45-90 days to get! Hex's mom has connections in the courts around here and money to pay off clerks so that's probably how...
We don't have the money... Maybe Mil can help. I told Dh I'm done. Even mil is exhausted with this.
Lawyer emailed. Wants $2,500 today so she has time to prepare. We don't understand how she got a court date so fast! Our court dates take 45-90 days to get! Hex's mom has connections in the courts around here and money to pay off clerks so that's probably how...
We don't have the money... Maybe Mil can help. I told Dh I'm done. Even mil is exhausted with this.
In court have a stipulation that she can’t come back and continue this fight.
And the CO for healthcare rights is laughable. A judge isn’t going to take a child away from a willing parent and I think you can work through your problems with ss.
I know it sucks but maybe one more fight. And ask that she pay for all attorney fees. She wants to go to court she pays attorney fees....
Oh and her mom is asking for a CO for complete control of SS8's healthcare as well.
Yes she's insane! The whole family wants visitation... we're giving up. We can't do this anymore. I told Dh with SS hurting DS I can't be that mom that sits around and does nothing to protect her child. Some of you have come on here saying you wish your mother would've protected you from abuse. I can't even begin to imagine doing that to DS and having him say things about me. We've fought so hard for so long but there's only so much that we can endure.
A few months ago Hex's mom made it clear to Mil she knows she won't win, an attorney knows she won't win, but she'll always keep fighting us for SS and "he'll come back to her one day." Basically she'll fight us until we go bankrupt and give up.
@Coco we're planning on adopting a foster child. I grew up in the foster care system and my POS Egg Donor stopped literally every single family that wanted to adopt me despite losing custody of me and her other children. So we're going to give back and adopt a child in need and give them a loving and stable home.
Jesus Christ.
What adoption were you talking about in another post? I can’t find it.
This B is insane. I’d say he’s a well adjusted kid now, she is not essential whatsoever. She absolutely should take time out of hex’s
My old boss was a gma to three kids by three dads through her daughter. She got each dad to sign time to her Bc her daughter tried to cut her out. So she wound up with EOWE (maybe even EW, can’t rmr, plus daily phone calls).
I absolutely think you have a case. I think you might need hex on board for her to get zero time. But I’d be making a case if she does get time it’s on hexes time. It’s not your responsibility to continue a relationship with hex’s side of the family.
But I’d be fighting that grandma is a hinderance to the coparenting of the two parents. That during her time she withheld the child from the father and had a cps case against her
This case won’t be as involved as the one with hex was. But I’d try to keep the same lawyer.
If her mom wins can she contest our move?
If we have to contend with Hex and her mother on our life decisions I really think we'll end up giving SS back to Hex. We've fought so hard for so long but we also need to do what's best for our family as a whole and not just one child.
@Arose shouldn't her mom have filed this last year when SS very first came to live with us then? I just feel like regardless of her abuse we have a string of messages to Hex where we are telling her that her mom is toxic and we can't do this anymore. Hopefully we can beat this. Like I said if SS has to leave for three weekends a month to be poisoned we are just done.
@Arose do you think despite the CPS history, PAS (which we know is extremely hard to prove in court), and the fact that her own flesh and blood, her own daughter Hex doesn't even want her around, she would still get visitation? Nothing came of the CPS cases.
Btw we only get first and last week of summer so we literally go two full months without seeing him at all while he's across the state visiting Hex. The first full week up until the day after Fathers Day Weekend. Hex wanted him Father's Day not Mothers Day so we already had to go back to court to fight with her over that one and won. Do you think a judge would take the small amount of our summer time with him away from us? Or would she seek him during Hex's parenting time?
EDIT: We're just a mess freaking out. Hex already done enough damage PASing him all by herself! She's a CAKEWALK compared to her crazy POS psychopath mother. Of SS is forced to go with Hex as well as her mother every single month we might as well just give up custody because at that point he'll come home so emotionally damaged that we won't be able to handle it. He's already hurting DS 17months due to their PASing.
Also July 15th is DS Birthday which obviously is super important to us all. Her moms just doing his to be a f***ing b**** and kill two birds with one stone so to speak-take Hex's 4th of July and us seeing SS for DS birthday.
And yes we are absolutely going to fight it.
@Hay we have CO primary custody. I can't imagine a judge giving her mom visitation despite her caring for SS for two years age 4-6 when her own daughter doesn't want her around her son. Hex's mom was extremely abusive to Hex.
Our lawyers retainer fees ran out so she sent us a letter saying since court with Hex is finally settled and we're it of money with her she is no longer our lawyer. I'm emailing her now though.
Hex's mom has CPS History for leaving him with people who hit him with a stick at age 3-4. To this day she still leaves him with random people. She also takes him "camping" and leaves him and his cousin, age 9 now, home alone all day and into the night after they go to bed with no food only water and unable to go outside. All while her and her friends are gambling at the local Casino all day. It's an extremely small timeshare cabin and Dh knows how small it is because when he was dating Hex he used to take trips with them up there.
We have texts from us to Hex-one in May 2017 where we told her of her mom's severe PASing of both us and Hex and her mom called Mil threatening a lawyer and to sue us all for custody and we said that we were cutting her mom off. Hex responded and said she'd talk with her mom and it would stop immediately. Then in October 2017 we have texts where we told Hex her mom hasn't stopped the PASing and is threatening us all with suing us for custody so we are cutting her off. Hex never responded that time.
Her mom tells SS that Hex abandoned him and went to start a new life in Los Angeles without him and Dh ran off with me and replaced him with DS. Last year when SS was in 1st grade his 4th grade maternal cousin came up to him and said something along the lines of, "Your mommy abandoned you and your Daddy replaced you so now you don't have a family." The kid also said DS isn't his real brother only Hex's kids are his real siblings and he can only call DS his cousin. Obviously Hex wouldn't say she abandoned him about herself!
She wants the 6pm the last Friday of every month-8:30 am the following Monday to drop him off at school. She also wants every year July 1st-July 15th so Hex won't get him for 4th of July which is super important to her. If she wins with Hex's EOW we'll only get him one weekend a month and that's not fair.
Do you think we have a case? We will be forced to give her mom parenting time?
Do you guys have court full custody?
I think the mom might have had a leg to stand on if she had done this right away but her loss of ss time is her fault
Are you going to represent yourselves and at least attempt to fight it.
I think it’s unfair to a child to be with one person 5 days and different people on the weekend. If anything maybe she gets a week in summer. I don’t think a judge would give regular monthly visitation when there is already visitation set up with another person. If hex doesn’t contest it then she should give up bee visitation
We texted Hex and she doesn't know anything about it. I just looked through the entire packet and found a written statement from Hex's mom in the back of the packet. She totally slammed Hex saying she doesn't exercise "ANY" of he visitation rights (which as y'all already know is pretty much true btw). We just feel so bad for Hex. As terrible as she is she had it so much worse with her mom.
That's what she's saying. She claims she had him for three years from 2013-2016 and Dh had NO CONTACT then Dh took him from her. Not true. Dh didn't see him but did speak with him on the phone.
Y'all remember hex took him from us and we didn't fight her and then she left him with her mom AND Mil from July 2014-August 2016 and then HER MOTHER dropped him off with us saying that she's done. Ugh this is such bs.
Wait wait wait....you paid? Omg I would make her reimburse me ASAP.