Motion to Intervene

Are you and your spouse separated? It’s hard to follow.

Your in-laws are suiting you for custody?

I’m interpretting here. If your separated spouse has been taking the children to his parents while he’s at work and he is supposed to be giving YOU right of first refusal and he isn’t, then he’s in violation of your agreement. You can sue him for contempt.

They can sue you all they like, I think they are wasting their money. I also positive they don’t have a chance in hell unless there is more to the story.

I agree. The time it takes for a custody hearing to be put on the calendar and be heard, summer will be over…and not really sure that with that agreement, an attorney would take the case.
If you are, per agreement between you and your ex, given first right of refusal then there is nothing that the ex in-laws can do. If your ex in-laws had partial custody then they could move to modify but without custody there is nothing that can be done.
Custody is normally between biological parents unless there is something by agreement or court order that states otherwise. The only time that I have seen that to be would be if one spouse is deceased or their parental rights have been limited or removed.

Maybe you all should try discussing a situation where the children visit for a couple of weeks with their grandparents during summer…since it sounds as though you aren’t trying to keep them out of their lives. You could make an offer and see if they will agree to that rather than spend so much money on something that has little if no chance of making it to be heard.

There is more to the story. Please see my other posts. This is a case that was filed by their attorney in May and is to be heard in court in June. I offered to give them every holiday and summer vacation and visiting rights in my home when the marriage was first in difficulty. I was not looking for a divorce. I just wanted some time to figure out how I was going to live with my spouse’s brain disorder. Then the litigation train hit me.

Yes, we are separated (but just recently although my spouse has been trying to take the children from me, evict me from the marital home, deprive me of my medications–I’m a diabetic–etc.). We have an unusual separation agreement that involves a children’s nest and shared custody (I proposed this because I didn’t want the children’s lives disrupted more than the brain disorder is already disrupting it). Yes, he is in violation of the agreement. Yes, I want them to have a relationship with him and his family, because they will always love him, as do I. Love is doing what is best for the other person and I am praying that the court can help us decide what that might look like. Ad yes, I am suspicious about how this got put on the calendar so quickly. Please advise.

Unless the grandparent’s have already been permitted to intervene in the court action, I do not believe they would be successful in getting visitation at this time. However, it appears there may be facts I am not aware of.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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My custody agreement gives me first right of refusal if my spouse cannot care for the children because of work. My in-laws were used to seeing the children frequently because my spouse would take the children to them when work called. Now that I am caring for the children when my spouse works, they are suing for custody of the children for summer vacation. Since my spouse is not dead, just working, is there a chance that they will win this motion?

They have dinner with the children weekly and I invite them to all the special events and holidays that I have but they do not accept.