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Grandparents Gain Visitation Rights Despite Mother's Objection


What normally happens when two people decide to divorce each other?

It doesn't take a rocket scientist to answer that question: They end up hating each other.

Even worse, they also end up hating their in-laws.

Think about it. Didn't your feelings about your mother-in-law change when you decided to leave your ex-husband? It's normal.

So what happens when your ex-in-laws decide to assert visitation rights as grandparents? Some people resent it.

Other people go so far as to take the case to the state Supreme Court.

Surprise! Your Ex-in-Laws Have Visitation Rights

Take the case Grove vs. Grove, for example.

This divorce case was moving along quite smoothly. The parties agreed to all terms of the divorce, property settlement and custody issues.

The ex-husband even agreed that his ex-wife should have primary physical custody of their child since he had a substance abuse issue for which he was addressing in a residential rehabilitation facility.

However, the ex-husband still had the right to visit his child, a situation that concerned the ex-wife, so she added some conditions.

To address her concerns, the ex-husband's attorney ensured the court that the grandparents would accompany the ex-husband when spending time with the two-year-old.

Can You Demand Support Payments as a Bargaining Tool?

Well, the ex-wife still wasn't happy with this proposal either. She wanted her ex-in-laws to give her additional advance notice of the visitations than they had been doing and to stop taking the child to visit the father at the rehabilitation facility.

Finally, the ex-wife stated that she wanted the unpaid child support paid in full before the ex-husband, or his parents, could see the child.

When presented with these issues in court, the judge asked both parties to draw up a parenting plan that address the mother's concerns.

The lawyers drew up a new parenting plan but this one awarded visitation rights to the paternal grandparents. The new plan became a part of the final judgment and decree of divorce, which the attorneys signed off on.

The ex-wife didn't take too kindly to the newly signed agreement. She argued that the trial court erred in granting visitation rights to the paternal grandparents absent a petition in the divorce action.

What happened? The ex-wife lost the appeal, and the paternal grandparents can now visit their grandchild even when the father isn't present.

So despite the divorce, and the misunderstandings and the appeal, the child gets to see everyone in his family.

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