parental rights vs. grandparental rights

[xerses1979]

What is the name of your state? Nevada

Nine months ago my fiance passed away leaving behind our daughter. I have never had issues with raising or taking care of her. After the trajedy, My mother in law has made several comments about taking me to court and seeking custody. These conversations usually stem after I refuse to let her run off to California with my daughter. We had another such convoersation the other night when she requested to take my daughter to california for christmas. I told her that I wanted my daughter here to spend christmas with her, she followed up with she had the right to take her and that i was keeping my daughter from her side of the family. I have made every effort to accomodate her whenever she requests to see the baby. I often times give her the baby on my days off forfeiting my opportunity to be with the baby. I guess Im looking for what rights she may have. Im sick of the "threats" of legal action.

 

[CRYROSE1]

it most states grandparents have no rights - she can take you to court to get visitation but to get the child she would have to prove you unfit as a parent.

 

[xerses1979]

I dont mind her have visitation, however If she persists in harrassing me I dont know if I feel comfortable taking her over there. Plus there is always the constant fear that she will run off to california with the baby. God knows what she says to my daughter when im not around.

 

[Sunnie]

I don't think that the grandparents would win custody of your child just because they want custody. Although I do not know anything of Nevada's laws, I would think that you would have to be proven a really unfit parent for the courts to take custody away from you and award it to the grandparents.

I wouldn't worry about losing custody. But I would, however, worry about letting them take your child ANYWHERE with these "threats" being tossed around, you may not get her back.

 

[CRYROSE1]

it is to bad when someone who is an adult can't be civil for the child whom is very young.

it would be kidnapping if she did run with your child, it is not much of a comfort i know.

Tell her the next time she make a threat she can go to court but all she will get is visits and if she keeps on asking you about going to CA you will make sure it is supervised.
due to fact she has asked to take the child to CA and if you refuse she tells you i will go to court over custody and you think she may run with your child.

What is so importand ther anyway??

 

[xerses1979]

another question:

how much visitation is too much? It seems as though she wants the baby every weekend. And sometimes on the week days too. She complains that she doesnt get her on the holidays and has told me that she wants 50-50 custody.

 

[karma1]

CRYROSE....

it's not guarenteed the grandmother will get visitation-lots of things have to happen in order for that to go into a court order. Prior to the mothers death, just how much time did the grandmother have with child? Has the grandmother established a relationship with the child that would be in the childs best interest to continue through a court order?
Original poster-
tell grandma to visit child in your home, under your supervision-no less, no more-if she doesnt like it, let her file--and it would have to be in your state since the child resides there, not CA or where ever grandma is.....
jmo

 

[CRYROSE1]

i am not sure how much is to much, but if it was me i would tell her she only gets every other weekend and holiday just like in a divorce.you still need time with the child she is to young to ba a pinponball in her grandmothers game.

if is goes to supervisted a lot of the time it can be as little as one hour two days a week, up to every other weekend or hoilday in someones home you can trust like in this case an aunt or uncle.

 

[xerses1979]

ok so heres the whole problem.

My fiance and I used to use the mother in law for child care. My daughter has a good relationship with her but has a good relationship with everyone (my mother, and my grandmother, whom I also use for child care as needed). After my fiances death I started using my grand mother and mother more for child care while im at work and letting my daughter go to my mother in laws house on my days off. I do not trust this woman and have suspected her to be involved in different degrees of fraud and theft (i have a few credit cards i never applied for and then theres the SSI that was supposed to go to my daughter that "someone" is already collecting). I am investigating these issues at the present time. For these reasons I do not feel comfortable having her in my home. I know thats wrong of me but like most people I can't afford to have other people ruining my credit and placing me in financial hardships.

 

[CRYROSE1]

i know they don't alway get visitation but he wanted to know what COULD happen.

I know I can be worng I am human, a downfall on my part I know but I am going to keep risking it.

 

[wmarge]

Controlling?

Can you say controlling?! Sounds like she is trying to be very over controlling here to me.... From the sounds of it I would let her have visitation only when supervised and your schedule allows.

 

[LegalBeagle]

What is the name of your state? Nevada

Nine months ago my fiance passed away leaving behind our daughter. I have never had issues with raising or taking care of her. After the trajedy, My mother in law has made several comments about taking me to court and seeking custody. These conversations usually stem after I refuse to let her run off to California with my daughter. We had another such convoersation the other night when she requested to take my daughter to california for christmas. I told her that I wanted my daughter here to spend christmas with her, she followed up with she had the right to take her and that i was keeping my daughter from her side of the family. I have made every effort to accomodate her whenever she requests to see the baby. I often times give her the baby on my days off forfeiting my opportunity to be with the baby. I guess Im looking for what rights she may have. Im sick of the "threats" of legal action.

You need to be careful here.. the more visitation you allow, the more of a bond is formed between the child and the GP. Normally a good thing right? However if she is threatening custody or visitation, then it becomes a concern. With this bond, she could get court ordered visitation.

NV allows for GP visitation (Chapter 125A, Section 125A.300 (N.R.S.A. 125A.300)) and whilst she is unlikely to win custody, the whole battle could still be very costly for you.. I suggest you get a sitter, and then go speak with grandma and be very clear about what is going to happen if she continues the threats. State clearly that she will lose any relationship with the child if she continues to threaten your right to be a parent and decide what is in the best interests of the child.

You could even quote the US Supreme court decision in 'Troxel v. Granville' and how the Grand parents lost everything.

Bottom line, you are the parent and you will decide what is best for the child. I also suggest you stop sending the child over to grandma on your days off. This can be used against you in a visitation case. In time, when she backs off, then resume a normal relationship.

 

[xerses1979]

thank you for the reference LegalBeagle.

Troxel v. Granville almost mirrors my conflict. It was a good source of information. I am currently seeking any cases in the state level for Nevada that may also support my inquiry.

 

[stealth2]

The standards for GP visitation often change (and become more lenient) when they are the parents of a deceased parent.

 

[njmom]

just a quick question?

I was just wondering if you are the father or the mother of the child? I got a little confused when Lovingwife mentioned "Prior to the mothers death" maybe I missed something and if I did I'm sorry. Not that it is of that much importance but I am just wondering if you are the mother or father to the child.