| No matter where you live you must file where the children live. You have to file a petition for visitations in the county the children live in. You are given a court date and a judge; the other parties must be notified of the court date. Meaning you have to have an address for each of them, the parents that is. If you have no address, you must have SS #DL # DOB etc and have a Sheriff find them and serve them with a copy of the documents that you have filed. You can also have an attorney post a notice in a newspaper to show the judge you tried to find the parents. You can also post notice in a newspaper, to a judge that would be the same as being served. But it you don't know where the children are, you wouldn't be able to see the children, so it would be of great benefit to find them 1st. Court date, the judge will make sure that all parties were served properly if there is a no show On any of the parties. If he/she says they were served and knew about the court hearing, he/she will proceed with the hearing, usually giving a default judgment as to any visitations, custody what ever. He can do what he wants to; it's all in how you present your case. You must prove to the court that you are in the best interest of the children, that you have or have had a relationship to the children, that relationship is worth continuing and that it would cause harm to the children for you not allowed to be in the children's lives. The burden of proof is On you rather you have an attorney or not. That's the law of Texas and most other states as well. say (the parents) it's up to you to make the judge see you are in the children's best interest. life. Some will tell lies or exaggerate the truth, anything to put a stop to you being in the children's life. If you are 60 yrs old, call the Dept of Aging, they may help you with an attorney. Call your local office 1st, if they don't know what to tell you call the office in Washington DC. This is a federal department (Dept of Aging) were founded to help Sr. Citizens with just about anything a Sr. Citizen needs. (But hey, I don't know everything!!) Read and study the laws of the state you will need to file in (remember, it is where your grandchildren are) You need to know the children's rights; you need to know your rights. You need to follow the law. And the law is pretty much interpreted differently by different people; that's how attorneys argue their points to a judge; try to make a judge see the law like they see it. So read between the lines while applying your story to everything you read. The more you do that, the more you can make the laws work for you, for the children's best interest. It is best to work it out with the parents if at all possible, but that's not usually how it works, as we all know. But if you could talk them into letting you see the children, it would be best. If you can work it out between yourselves, you have the choice to take it to the courts. It is a personal choice; no one can make it for you. Do you have pictures of you and the children together? You need to put a scrapbook together as well as a journal with documentation of everything. Every time you called to see about the children, who said what when they said it, why they said it, what you said, what you did, who you talked to, everything and make it the truth. Use a bound journal so the judge can see you did not remove any pages from the journal. If he can't tell you have removed a page then he won't know that what you have written is the truth. Most people when writing a journal (human nature) is after they read what they wrote, they want to change what they wrote, tear out the page and start over. A bound journal you can see if a page has been torn out, that will make the judge think that you did not write the truth. Most people write the truth 1st and then change the story to fit their needs. Don't ever tear out a page, when you make a mistake, and you will, just cross through it, don't black it out, that makes a judge think you have something to hide. Now, the judge doesn't have to look at anything, he can do what he wants to do, they all do, but some judges will read and look at stuff if they are asked to, others won't. The journal will also help you to remember details before going into court and will help you On the stand. The scrapbook with the pictures can be looked at by the judge, if he wants to see it that is. But it will also help you stay focused On what is the most important, the children. When you look at the pictures, it will make you more determined than ever to win for the best interest of the children. ;It is all about them after all isn't it? Or you wouldn't be reading this. Do what's best for the children only, keep them 1st and foremost in your agenda and all will be okay. It's not easy going against your own children to protect your grandchildren, it's a very hard emotional thing to do, just keep telling yourself you're doing it for the children, again, it is only about them, the children. NCGCR toll free (866) 624-9900 |
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