Grandparents rights, help.

[peanut]

I need some advice. Right now just about anything to get me started.
Son and DIL are divorcing and are seperated. She has the new baby(couple months old) that we have been asking to see and she has been uncooperative and then today she flatout refuses to let us see the baby anymore saying that it will never happen.
My wife is a wreck and we are worried about the babies well being and care.

 

[HMFIC]

Praying for you Tim.

Oklahoma is a state that allows for Grandparents rights, but I don't know much more about it other than that.

 

[BadgeBunny]

This is one area of the law I am clueless about. Prayers to you and yours, sir.

 

[bettingpython]

Not much really, it's between her and your son. The ex's parents tried to get involved when she and I were in the nasty portion of the divorce/custody phase even hired their own attorney. They were told butt out by the Judge.

By the same token unless she can prove that your son is a total worthless piece of **** and a danger to the child's welfare she isn't going to be able to make her threats happen either. He can certainly **** up though trying to deal directly with her at this point he needs a damn good attorney and needs to start going after her legally including using her own vindictive stance against her, document everything, hopefully it isn't justified and your kid keeps calm and doesn't give a judge justification for ruling in her favor. I got custodial guardianship the first go round because of my ex's legal troubles,(she actually had a bench warrant for failure to appear on a marijuana arrest). But once she completed her obligations and went after a modification the best I could get was a true joint custody with certain conditions to met in lieu of the mandatory child support calculations by both parties. We have both agreed to that for my sons welfare and it has worked out okay in the end. I could still hold almost 2 years of child support that I didn't collect against her if I wanted too but that would't be very christian of me, it's water long under the bridge.

My ex is a better person now days. I still don't like her but I don't hate her either and she turned out to be a pretty good mom once she got her life straight.

 

[Billybob]

Oklahoma Supreme Court Clarifies, Limits Grandparents’ Rights

"grandparents seeking visitation will be required to make an affirmative showing that the custodial parent is unfit, or that some definite harm to the child will result if the visitation is not granted. It reiterated that a general showing that continued contact between the grandparents and the child would be in the child’s best interests, or beneficial to the child, will not be sufficient to show that harm will result if the request is denied."

http://mkdyer.wordpress.com/2011/04/14/oklahoma-supreme-court-clarifies-limits-grandparents-rights/

Court opinion;

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=461959

 

[Billybob]

Not much really, it's between her and your son. The ex's parents tried to get involved when she and I were in the nasty portion of the divorce/custody phase even hired their own attorney. They were told butt out by the Judge.

By the same token unless she can prove that your son is a total worthless piece of **** and a danger to the child's welfare she isn't going to be able to make her threats happen either. He can certainly **** up though trying to deal directly with her at this point he needs a damn good attorney and needs to start going after her legally including using her own vindictive stance against her, document everything, hopefully it isn't justified and your kid keeps calm and doesn't give a judge justification for ruling in her favor. I got custodial guardianship the first go round because of my ex's legal troubles,(she actually had a bench warrant for failure to appear on a marijuana arrest). But once she completed her obligations and went after a modification the best I could get was a true joint custody with certain conditions to met in lieu of the mandatory child support calculations by both parties. We have both agreed to that for my sons welfare and it has worked out okay in the end. I could still hold almost 2 years of child support that I didn't collect against her if I wanted too but that would't be very christian of me, it's water long under the bridge.

My ex is a better person now days. I still don't like her but I don't hate her either and she turned out to be a pretty good mom once she got her life straight.

It's good to hear your ex has straightened up and is being a good mother. Unfortunately there are many examples in our courts of the "tender years doctrine" being used to keep children with a mother regardless of their issues and the child's best interest and well being.

 

[bettingpython]

Attorney, they're expensive but a good one is worth their weight in gold. Joe Farris would be my first call. Do a consult with him just prevent her from using him. He is that good.