Friday, July 23, 2010

Karen Irby's mom sues for visitation rights, accuses Stuart Irby of denying visitation

Gayle Lang, the mother of Karen Irby, sued Stuart M. Irby, Sr. in Hinds County Chancery Court Wedsnday for visitation rights to the child of Stuart and Karen (The petition is only two pages and I will upload it later when I am in front of a scanner.). The petition states

"Karen C. Irby, the natural mother of Graham Read Irby and the daughter of petitioner, Gayle Lang, joins in this petition and requests that the Court grant visitation rights to her mother, Gayle Lang, with the minor child of Karen C. Irby, Graham Read Irby.

Petitioner Gayle Lang, the maternal grandmother of Graham Read Irby has established a viable relationship with her grandson, Graham Read Irby, and Respondent, Stuart M. Irby, Sr., the natural father of Graham, has unreasonably denied Petitioner visitation rights with Graham.

Wherefore, premises considered, Petitioner requests that this Court grant her grandparent visitation rights with her maternal grandson, Graham Read Irby."

Attorney Bill Featherston filed the suit and Karen Irby signed it. The applicable statute is Section 96-13-1 et seq. of the Mississippi Code. Section (3)(2) states

"(2) Any grandparent who is not authorized to petition for visitation rights pursuant to subsection (1) of this section may petition the chancery court and seek visitation rights with his or her grandchild, and the court may grant visitation rights to the grandparent, provided the court finds:

(a) That the grandparent of the child had established a viable relationship with the child and the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child; and

(b) That visitation rights of the grandparent with the child would be in the best interests of the child.

(3) For purposes of subsection (3) of this section, the term "viable relationship" means a relationship in which the grandparents or either of them have voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months before filing any petition for visitation rights with the child, the grandparents have had frequent visitation including occasional overnight visitation with said child for a period of not less than one (1) year, or the child has been cared for by the grandparents or either of them over a significant period of time during the time the parent has been in jail or on military duty that necessitates the absence of the parent from the home." Mississippi Code

Stay tuned. Copy of petition

See sidebar on right side of page for collection of all posts on the Irby case.

56 comments:

Anonymous said...

Geeezzz. If true, you could easily believe that team SI has been working hard in ways that are not necessarily in KI best interests. On the other hand, if you wanted to paint a picture of being less than well served by a conflicted team SI...a suit for grandma's right to visit grand kid could help paint make that picture look more realistic.

Anonymous said...

Crap, here we go again.

Anonymous said...

I think SI usual decision process is to do nothing. I dont think it is any contrived strategy , other than just 'do nothing'

Anonymous said...

The SI decision process is " I don't have to do anything I don't want to do and you can't make me".

Anonymous said...

Are any of you sick of hearing about the Irbys? I know I am. They are a bad soap opera.

Anonymous said...

Seriously-
these are some f...d up people- those poor children!

Anonymous said...

shame on SI

Anonymous said...

With SI's brain injury and reported bi-polar disorder, there should be concern about the safety of SI's small son even living with him and being under his control. SI already has a record of physical abuse towards his young stepdaughter.

Is SI able to control himself even when he thinks no one is watching?

Perhaps child protective services should make unannounced visits to check on the little boy from time to time.
Apparently he doesn't want the grandmother getting too close. wonder why?

KaptKangaroo said...

Here is my peace. The children are the only concern in this battle of the adults. The fact the grandparents were so compelled to make this a public spectacle shows that this is a high stakes game. Most normal folks would NEVER go to these lengths unless it was so acrimonious that it required these actions. I have purposely avoided discussion of the children in this mess. I pray that all the adults (including Charles the Cheerleader), can all take a step back and do the right thing. This is bringing a great deal of shame on a very successful family. Stuart's inability to get along with others is well known, wait, maybe its his ability to get along too well with others. ;) Noone should be subject to the same nightmare that Karen endured (read: court intervention into one's life). The Irby's are certainly demonstrating that in their family, they lost their way. I do pray for someone to take charge over this continued path into insanity.

Anonymous said...

I'm pulling for Ms. Lang.

Anonymous said...

I have always been concerned about this little boy remaining with Stuart Irby. You have to wonder who Stuart has now picked out to be a Mother figure for his son. We all know Stuart isn't capable of taking care of him. Ms. Lang would not have filed this suit if she didn't feel it was absolutely necessary to check on the welfare of this young child. Stuart may be able to buy things, but he can't replace the love of a Mother or Grandmother in his poor child's life. For God's sake can't some relative or close friend of Stuart's step in before this crazy man does something that can't be fixed with money.

Anonymous said...

Just checked out Ms. Lang's house in Madison on Bing 3-D map. She lives in a lovely home with children's play things in her fenced backyard.

Also, will Stuart have to appear in court on Sept 13 to answer this petition, or can he just send another of his lawyers? Guess he could still claim he is still tooooooo sick to appear.

Anonymous said...

He doesn't remember, never did remember, or what is my name? All appropriate responses.

Anonymous said...

Stu Sr. has a full time nanny for Graham.

Anonymous said...

11:30 Money to pay a full-time nanny doesn't take the place of a loving Mother or Grandmother or for that matter a sane, sober, loving Father.

I can't wait for Stuart to respond to why this child cannot spend time with his Grandmother. "Oh, Judge. I just don't remember my son having a Grandmother."

Anonymous said...

Stu Sr. has a full time nanny for Graham.

That doesn't replace a grandmother.

Anonymous said...

Note the Summons lists SI's Jackson address and Timber Ridge Ranch (a treatment center for brain injuries).

http://www.neurorestorative.com/locations/arkansas/timber-ridge

I can sympathize with the Karen's mom and her actions.

Anonymous said...

SI with the help of his power of attorney(JR) is using Graham as a pawn in thier game to continue to control and manipulate Karen. At first it appeared that the Irby camp would be kind by allowing Graham to visit both Karen and her mother, Gayle. But, everything changed when Karen went against the Irbys by hiring William Bell. For weeks Stuart stopped allowing Karen to speak to Graham on the phone, in fact he abruptly quit answering all of her calls. During this same time SI also refused to let Graham visit Gayle, which also in turn means that he does not get to spend time with his sister. Graham is very close to both his sister, and to Karen's family. Karen's family is comprised of sweet and kind folks who are a heck of a lot more stable and nurturing than the Irbys. Graham needs to be with his grandmother, Gayle, and his sister. He is happiest with them. He has been shipped off to Little Rock, AK to live with a brother of SI's. This is not fair to Karen or to Karen's family, and most importantly it is not fair to poor Graham!!!

6/2/10
"So upset, but hanging on. William Bell visits often, and I think that he is doing a great job. SI wasn't happy! Stay in touch with Velma and let me know what's going on as she is loyal to SI now. Graham is in Little Rock. Please don't let them move him away from Jackson. We have to fight for him. SI tells me nothing, and is mean to my mother."

7/19/10
"My heart is so broken. JR and SI have turned against me in so many ways, but I keep praying. God can turn this around. Graham got shots last week to start school in Little Rock so I am very concerned and upset. He needs to be in Jackson and attending Covenant Preschool as was planned."

I have always kept Karen's confidence, and I have debated as to wether or not to ever speak publicly about any of this. At this point I deem it neccesary to share what I know because I draw the line when an innocent child is being used as a pawn by the Irbys.

Anonymous said...

I have a friend who has had past dealings with the grandmother. She is no more stable than her daughter.

Anonymous said...

That little boy is SI's blood son. The future financial implications of that shouldn't be ignored. When you are through lambasting me for my cynicism, think about it. I promise you I'm not the only one who has. This is a disgusting mess. People have made irresponsible choices, long before the wreck. I'm not taking up for SI, but I can't continue to read this caring victimized grandmother pablum without speaking up.

Anonymous said...

The Irby's are a failure of a family. Wealth, excess, inebriation, manslaughter, church-going, trust funded, church-going, generation of excess, sense of entitlement...I could go on, but, they have done enough to tarnish the Good Man's name.

Mind you, this is no judgement, but pure and simple observation.

Anonymous said...

6:38. Well, your friend is absolutely wrong about Ms. Lang, Karen's Mother. I also have a very close friend who has known her a long time. She was described to me today as a very nice, loving person and who provide support, love and devotion to Graham and his sister.

Now I am beginning to understand why Karen went back to Joe Holloman. With no money of her own, she had no choice. Stuart made her and is now punishing her by using her child.

All this just makes me absolutely sick. If anyone says again how much Stuart Irby has done for the community, I will throw up.

Want to bet who won't show up in court to answer this petition?

Anonymous said...

6:38 PM I have a MSSC filing that is illustrative of the on-goings of a father who is depraved. Look it up. I would rather a Grandmother who can't find her keys than a father who plays hide the ......

Anonymous said...

I'm so tired of those in Jackson who damn well know what's going on here and are either in the worst state of denial I've ever seen or are more worried about their social/financial standing than about an innocent child.

Anonymous said...

I believe when Karen made that crying plea before Judge Green concerning her precious children she knew what was at stake. Unfortunately, there was no saving grace. We can only pray Karen and her children will endure and be okay. It will take more than the "system" to see to it.

Anonymous said...

Children this age still have " magical thinking". He will understand only that those familiar to him have disappeared from his life, familiar places are gone, and he's been sent away. He will see this as his fault . Children only know they are punished for bad behavior and rewarded for good behavior.

If any Irbys are reading this blog,Graham is not a " pet". At least, spend some of your money to consult with an ethical child psychologist or child development expert who will tell you what you need to know rather than what you want to hear.

This is horrible.

Anonymous said...

9:08, read 7:06's comment.

Kingfish said...

Since y'all are going down this path, let me throw out some things here.

His dad is impaired still. We all know it. We've all seen it. That child needs to be in a stable home. that kid also needs a good male role model (and no cracks about Mr. Irby's past) that is healthy. Best thing for him at this time is going to be with Mr. Irby's brother and his wife in Little Rock, who I'm told have done work with disadvantaged kids, K's sister in Baton Rouge, or Stuart Jr. and his wife. Not knocking Mr. Irby, just saying its pretty clear he is still recovering. Also, what everyone seems to forget, is that kid is going to suffer when at school because of all of this mess. Yeah, I know the teachers will watch out for kids being mean to him but everyone knows its still going to happen. That kid might be better off living out of town anyway.

Anonymous said...

Absolutely, KF but you do NOT uproot a child that age without a carefully planned transition that ALLOWS for continued contact with key people in that child's life.

I guarantee you that after 6 weeks , that child will start acting out and regressing. That's what children do with such predictability that there is extensive professional literature about it.

He is NOT at the age where school is a problem.

I'm unimpressed with the Arkansas Irbys' "experience with disadvantage children" . If they had any REAL experience ( beyond writing a check and getting social recognition for a few volunteer hours a month), they would not be a party to this despicable act.

This is hard enough for a child who loses his family to death, but these circumstances are even more challenging and require the ADULTS to make a committment to placing the child first!

Kingfish said...

Carefully planned? I'd say they've had over a year to plan for this transition. They have also been flying the child down here on a very regular basis. Almost every weekend.

Anonymous said...

They may have had a year to plan it, but the point is, they didn't.

And who is the child seeing when he comes here? Velma the housekeeper? Because it's obviously not his grandmother or sister.

Anonymous said...

For all the concern about the young child, just remember that it was K Irby that put him in this tragic situation

Anonymous said...

What does that have to do with his well-being now? People shouldn't be concerned because it was his mommy's fault? That's ridiculous.

Anonymous said...

Kingfish, I had no idea that you are qualified to determine what is best for Graham! Do you have a degree in child psychology or elementary education? Do you even personally know any of the people involved, most especially Graham? The only life Graham has ever known is at his home on Stuart Pl. and at Covenant Preschool. He has wonderful people who are his neighbors on Stuart Pl. that treat him like family. All the children on the street play together in the afternoon. Graham also loves his school and his friends at school. He begged Velma to let his friends come with him to AK. These children have no clue as to the tragedy of the last year, nor could they understand it at this age. Of course, eventually one day they will understand it, and my hope is that they will learn from it rather than use it against Graham. Yes, there was a whole year to iron out plans for Graham, and every scenario was explored, but the parties involved could not agree on one plan. I promise you it was not as simple as it would seem. Yes, they are flying Graham here about every three weeks or so, but don't forget they are doing this only when Karen is being compliant to their demands! If Karen does something disobedient, like hiring William Bell, then they will cut her off again from Graham!

Anonymous said...

4:07, It sounds as if you know a lot about them if you do let me ask.
If SI is what all he has been portrayed then would it be better that Graham is not around him and better with the brother in AK and if he comes in here every three weeks then I do agree that the grandmother should be able to see him. Let's not forget SI does have legal custody of Graham and I do believe that there is not a judge in Hinds County that would take custody away from SI, and because of that I do believe Graham will be better even if he is away from all just a few minutes with SI could change his life forever ask KI.
It is a real sad situation with these kids but this is why women can not stay in abusive relationships because as time goes by it just escalates in to more and more things and then every thing goes astray.
And as far as Karen she is hurting because no matter what she never thought she would loose her children for any period of time soon she will be better and hopefully her and all the Irbys can come to an agreement what is best for the children instead of them thinking of themselves.
By the way it makes me deathlly ill when I am at the Baptist Hospital and I see the Irby name just look what a generation of children did to their name sakes which they call their loved ones just for the embarrassment and such I wish ALL of the IRBYS would leave, then maybe their ancestors could be in peace!

Anonymous said...

I do agree that he should not be with SI. No one can dispute that. SI's oldest son and wife have recently moved to Little Rock, and SI is in a treatment center in AK. Therefore, it can be assumed that the Irby clan is regrouping in that area, and futhermore it can also be assumed that SI will reside there with Graham. That is what I am most scared of!!!

I can not say with one hundred percent certainty what is best for Graham. With that being said, it is my opnion that he should for now be with Gayle here in Jackson and attending kindergarden at Covenant Preschool.

Anonymous said...

Arkansas is AR, not AK. AK is Alaska. Not saying to to be rude, but just to clarify.

Anonymous said...

So sorry! Looking up the correct abbreviation was not high on my priorty list when I was responding earlier.

OMG I've always thought that people who facebooked and blogged constantly had too much time on thier hands, and now I obviously have too much time on my hands!! I'm turning this computer off and finding something more constructive to do with my time!

Anonymous said...

I would like to know about Stuart Irby's health if anyone knows.

JJ said "He is still impaired. We all know it. We've all seen it."

What has everyone seen? I know I read he was riding his bike, driving around town, traveling, and visiting friends out of state. I was under the impression he was doing quite well. Now I learn he is in a mental rehab in Benton, AR.

It's been almost a year and a half since the accident. Does his family and friends expect him to ever completely recover? How is he able to make decisions concerning his child if he is still impaired?

Anonymous said...

If the " plan" ,however " long" it may have been in the works doesn't include visits with the child's sister, grandmother and mother, it's hardly a plan in the child's best interest.

If ever a child needed a guardian ad litem, it's this one

Anonymous said...

"If Karen does something disobedient, like hiring William Bell, then they will cut her off again from Graham!"

Using the child as a weapon. You are pathetic.

Pray for the child. He is going to need a prayer army to make it through.

Anonymous said...

I wonder IF Stuart should regain some memory about the night of the crash and if he happened to recall physically overpowering Karen while she was driving, would Stuart be enough of a man to admit that he was a major cause of the crash?
Not to say he did do those things to Karen, but IF he did, would he step up to the plate and admit it?
Serious question. Just wondering...

Anonymous said...

8:45. Stuart Irby will never admit anything today, tomorrow, or forever. People like him don't admit wrong. They just use their money to fix it just like he did.

Anonymous said...

There will come a time, if he is guilty, that he will have to confront what he has done.

I believe, as a Christian, that although God may forgive our sins confessed in prayer, we don't necessarily escape punishment when we die. If I were in a similar situation, I believe I would prefer to take my punishment here on earth.

Just as a parent who forgives, but still must punish their child, so it is with our Creator...

Anonymous said...

9:29 Very thoughtful reply. I also would rather take my punishment here on earth.

To another thought....Wonder why the Clarion Ledger has not printed one word about the Grandmother's petition to see her grandchild? Guess the Irby machine would not give them permission to run the story.

Anonymous said...

9:29 Very thoughtful reply. I also would rather take my punishment here on earth.

To another thought....Wonder why the Clarion Ledger has not printed one word about the Grandmother's petition to see her grandchild? Guess the Irby machine would not give them permission to run the story.

Anonymous said...

Why even comment on what God will do?

Anonymous said...

The comment was in response to someone saying that SI will never admit anything today, tomorrow, or forever,
Simply reminding those who think they can escape punishment just by asking forgiveness. Of course, that is just a personal opinion.

Anonymous said...

Simply reminding those who think they can escape punishment just by asking forgiveness

I thought God was in charge.

Anonymous said...

You think correctly.
As witnessed in KI's trial, she asked for forgiveness and received it from the victims' family, but KI still faced punishment from the judge.

Anonymous said...

Most of us who post things here that are factual are not absent God. Holy rollers you are presenting conversation that is not contributory when you criticize critiques that don't include God. Put a prayer, we all need it, but please save the judgment for Him.

Anonymous said...

10:31 wrote: "Most of us who post things here that are factual are not absent God. Holy rollers you are presenting conversation that is not contributory when you criticize critiques that don't include God. Put a prayer, we all need it, but please save the judgment for Him."

Good grief! Which comment said you were absent God? Which comment criticized critiques that don't include God? Examples please.

I don't see anyone rolling in holy here. What I see is someone saying that IF SI WAS a major player in the fatal crash he will not escape punishment no matter how hard he might present himself as having a total memory wipe out.

I believe he already feels the sting of public scorn not only because of strong suspicions about his contribution to the crash, but by his publicly exposed life in general.

Sure, leave him to God, but I think at this time SI is or will be paying a price right here on earth.

Anonymous said...

I hear that KI mother is the reason behind all of her bad behavior. Her mother is not a very nice person from many people who know her here. And the home she lives in is the home that KI got our the marriage to Lee Bounds and mother didn't live in such a wonderful place before KI married SI.

Anonymous said...

12:19. Well, what you hear about Karen's Mother, Ms Lang is not correct. She's a nice person and really worried about her grandson.

Also, Adult children make their own decisions, lives their own lives, and are reponsible for their own actions. Great parents sometimes have terrible children, and sorry parents sometimes have wonderful children. Blaming Karen's Mother is ridicious.

Finally, where Ms. Lang "lived" in the past doesn't matter, and the circumstances of her living in a lovely home now is not your business or mine. However, I can tell you that SI had and has nothing to do with Ms. Lang's home. The point is Ms. Lang's home is very nice and certainly safe enough for her to entertain ALL her grandchilden and give them the support, love, and devotion children get from being around loving Grandmother.

Anonymous said...

12:19, you're right. I have referred previously to a friend who had a ridiculous problem with Ms. Lang that I can't detail without revealing my friends identity, and my friend doesn't want anymore trouble. But trust me, nasty and bizarre is the only way to describe it.

Anonymous said...

Joe Irby is a wonderful man and has a great bunch of children who will be great support and wonderful role models for Graham. If you don't know Joe then you don't have any room to talk about what kind of man he is. He gave most of his inheritance to charity and is a Godly man. So, Graham is in wonderful hands if he is with his brother along with Richard who also gave so much of his inheritance to charity. Richard is involved in ministry to help underprivileged boys in AR. This part of the family does not mirror Stuart in their behaviors. Graham is much better off with his family than with Ms. Lang. It is well know that KI sister was having trouble with her mother and had a strained relationship. Of course, this was before the tragedy when the family came together in support of KI. Ms. Lang is a gold digger and became an appendage when KI started dating SI. She was behind pushing KI to have the relationship with SI and could be part to blame for their relationship and the pursuit of SI. She lived in a small house and worked full time prior to the marriage and now has a much nicer lifestyle so she did benefit from her daughter snagging SI by getting pregnant.


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