My 20 year old son is incarcerated for 6 months. He has shared custody (thursday's 5pm through sunday's 6pm) He asked his father and I if we could continue with this schedule with his 20 month old daughter. We gladly did. However, it's now 2 months later and the childs mother, age 18, wrote us a letter stating she will only allow us every other weekend. On the parenting plan under the,

"Grandparental Rights it states that both parties agree that the grandparents have played a significant role in the care and parenting of the minor child and that the grandparents can exercise the parenting time of their grandchild (parents) if either parent is unable to exercise the time themselves".

However, on the same parenting plan under a different section it states,

"if the minor child needs childcare by anyone outside the parents residence lasting longer than 5 hours than the other parent has the option to have the child, other than regularly scheduled day care."

Now my son currently is living in jail, although our home is his residence. Does the grandparental rights over rule the childcare section or visa versa?

well does your son have visitation set? If he does then I believe that would only apply when your son is at your home. If he is in jail and bio mom does not want the child in your home I don't think there is anything you can do. Just take advantage when she does bring the child. I know my fiance's brother went through an issue like that and the courts basically told her(MOM) that is dad is in jail you do not have to continue visitaion unless you want too...

We do want to continue the visitation schedule. We love having her as much as she loves being at our home. The grandparental visitations on the parenting plan states "both parties agree that both set of grandparents have play a SIGNIFICANT role in the CARE and PARENTING of our grandaughter. Over the past year our grandaughter has lived at our home with the father and mother for a total of 6 months. During the rest of the time she has been in our home 2-5 days a week and since 12-2005, she has been at our home 3 nights and days a week. Our son who has shared custody wants his daughter to continue with the arranged schedule of 3 nights/3 days a week. Does his wishes get disregarded too?

We do want to continue the visitation schedule. We love having her as much as she loves being at our home. The grandparental visitations on the parenting plan states "both parties agree that both set of grandparents have play a SIGNIFICANT role in the CARE and PARENTING of our grandaughter. Over the past year our grandaughter has lived at our home with the father and mother for a total of 6 months. During the rest of the time she has been in our home 2-5 days a week and since 12-2005, she has been at our home 3 nights and days a week. Our son who has shared custody wants his daughter to continue with the arranged schedule of 3 nights/3 days a week. Does his wishes get disregarded too?
Hmm, this is tough. Since it clearly states that the parenting time can be exercised by grandparents in the event that the parent cannot, then, thechnically YES, you can, as long as the parenting time you are exercising is the parenting time awarded to your son, and your son has not had his custody revoked. The residence issue is the problem. I am not an atty, so please check this advice against legal counsel, but I would think that this does not apply in your case. The child is coming to your (and your son's) home, not being sent to a babysitter. The question comes in as to whether or not your home is still considered your son's residence. Since he is only incarcerated for 6 months, lived there before he was incarcerated and (I assume) will live there after his release, I believe that it is still considered his residence.

So, in short, my gut tells me that you should be able to continue on the parenting schedule set forth. The hard thing will be enforcing it while your son is incarcerated. So, my non-legal advise would be to take it easy during the time your son is away, and resume the regular parenting time when he returns. It will cost a bit of money and time to go to court over this, not to mention destroy whatever relationship is left between the families.

I hope these links help you! I too am missing out on my granddaughter so I understand what you are going through. You are in my prayers!

New Hampshire Grandparent's Rights FAQ's
1. Do grandparent's have any rights to visitation with their grandchildren?
Yes. Grandparent's may petition the superior court which has jurisdiction over the divorce, separation or other such action being brought or, in certain cases the superior court in the county where the grandchild resides, for reasonable rights of visitation with their grandchildren.
The following criteria must be considered by the court in ordering grandparent visitation:
whether such visitation is in the best interests of the child;
whether such visitation would interfere with the parent-child relationship;
the nature of the relationship between the grandparent and the child including whether the grandchild has resided with the grandparent, the frequency of contact, any chance that the health and safety of the child would be endangered by visitation with the grandparent or lack of it;
any friction between the grandparent and the child's parent and the effect it would have on the child;
the circumstances leading to the petition;
any Guardian ad Litem recommendations;
any preferences expressed by the child; and,
any other relevant factors.
http://www.divorcenet.com/states/new_hampshire/nhfaq_03

Grandparent Visitation Rights
Learn how a Supreme Court decision affects grandparents' rights to spend time with their grandkids.
http://print.family.findlaw.com/child-custody/custody-more/grandparents-visitation-rights1.html

Grandparents Legal Section - If you have specific questions concerning rights in your state, contact:
www.grandparentsforchildren.org
G.R.O.: Grandparent's Rights Organization, (248) 646-7191.
The National Coalition of Grandparents at (608) 238-8751
www. grandparentchildconnect.org
They'll give you up to date information concerning the laws in your state.
http://www.grandparenting.org/Grandparent%20Visitation.htm

Family Law - GRANDPARENTS' RIGHTS
http://law.enotes.com/everyday-law-encyclopedia/89969

New Hampshire Grandparent’s Rights
Grandparent Rights to Visitation: Visitation may be granted if there is or has been a proceeding under Chapter 458 (for example for divorce or separation) or if one of the parents is deceased or has had his parental rights terminated, and if the visitation is in the best interest of the child. The best interest is to be determined by using the factors set out in the statute. Chapter 458, Section 458:17-d (N.H.R.S.A. 458:17-d).
http://www.divorcesupport.com/divorce/New-Hampshire-Grandparent-rsquo-s-Rights-2711.html

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Labor Law Talk > Family Law Forum > Family Law
How can my daughter sign over custody of my grandson to me. California
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#1 05-28-2006, 11:15 AM
Isis
Junior Member Join Date: Aug 2004
Posts: 5

How can my daughter sign over custody of my grandson to me. California

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My daughter is very unstable and several years ago when my grandson was six she got into some trouble and someone called child protective services on her. Child protective services brought my grandson to me. They gave me rules to follow regarding my daughter. She could not call or come over or have any contact with my grandson at all. I followed the rules to the letter for fear that my grandson might be taken away from me. My daughter was furious with me and went to court and made up lies that caused my grandson to be taken out of my home and put into a foster home. From the time he was born he was always in my home. My daughter would pick him up for a few days and bring him back, then we wouldn't see her again for weeks of months. He has never been away form me in his life and it was very tramatic for him. I had no contact with him at all. My daughter strightened up her act when she realized what she had caused and was able to get her son back after almost a year. When he was returned, again I have been the major caregiver, but my daughter has taken more responsibility for his care. Still she is not mother material and really doesn't want to be a mother. I still have my grandson 4 to 5 days a week. Today six days since shes picked him up she called me and said she was in some kind of trouble and wanted me to find out how she can sign over custody to me because she was afraid that child protective service might try to take him away again. He is now 11 years old and it would be devasting if he had to go through that again. What does my daughter need to sign to give me custody of my grandson. She is willing to do whatever needs to be done to make sure he is not taken away from me again. Can someone tell me how to proceed as fast as possible. The last time this happened I felt so helpless because everyone I spoke with told me I had no rights. He was kidnapped from my home by child protective services. I can't let that happen to him again. Desperate Garanmother!

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