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Rights of Grandparents/Parents asking

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Yonick419

Junior Member
What rights would my mother in law have to any children of my husband and I? She is a horrible woman, which her own son, my husband, cant even stand her for all that she has done to his family in his life. But she constantly threats us saying we cant keep the grandkids from here. And shes always saying she has rights. Well we'd like to know what legal rights she has. If we choose that we think its in the best interest of our child to not let her see the grandchild is there really anything she can do about it, legally that is?
 


I AM ALWAYS LIABLE

Senior Member
My response:

I am NOT going through this one, more, time ! !

Since this person cannot read instructions or directions for searching these forums, would somebody please give this person the URL for any one of the 193 posts on this subject ?

IAAL
 

ellencee

Senior Member
yonick419

This text is from the Home Page, Family Law Questions, Child Custody section:

DO GRANDPARENTS HAVE VISITATION RIGHTS?
The simple answer is "yes, but". The "but" is due to the limitations under which grandparent visitation can be ordered by a court. Grandparents typically may join an action between the parents, or even start an independent action, for the purpose of obtaining a court order for visitation with grandchildren.

The problem is that the grandparent may have to prove to the court that harm will occur to the grandchild in the absence of visitation. Since it is typically viewed that parents have a fundamental right to the care, custody and management of their child, only a compelling interest would be sufficient to allow a state (via its courts) to interfere with the parent's right to raise his/her child without such interference. This may be difficult to prove, since the grandparent has the obligation to prove that harm will result to the child's health and welfare should the court not order the parents to allow visitation with the grandparent. This is a difficult burden of proof to sustain.

(just a note from me: the issues betwen the grandmother and her son, now grown, may have no bearing on the relationship between grandmother and grandchildren--I'm a staunch supporter of family unity, and that especially includes maintaining relationships with the older members in our families. I hope you will reconsider this issue and unless the children are harmed by the grandmother, I hope you and your husband will let the older and the younger generations have their own relationship.)
 

Yonick419

Junior Member
Im sorry to bother you IAAL with my question. Last night is the first night I have ever used this board so I asked the question. I now see though that there are alot of posts on my question so sorry to be a bother
 

I AM ALWAYS LIABLE

Senior Member
My response:

Don't apologize to me ! No need. But, if you had only read the instructions (See Below) before you posted, you would have saved yourself a lot of time.

"**** Before posting a question, please check the Questions and Answers listed on the Home Page to see if your question was already covered or easily search over 155,000 previously posted questions and answers. ****"

All you needed to do was click on those words to run a search, and use "Grandparent" as your search term. You would have received a plethora of information.

The instructions are at the top of this page, AND as it happens, I just went through (along with a bunch of other folks on this Board) a complete explanation of this issue, encompassing pages and pages of research, concerning this very subject.

IAAL
 
F

FKNA

Guest
Yonick419.....listen to him, IAAL is right. Do NOT apologize to him. He has a wild hair up his butt and gets on this power trip.

That's what this board is for, so people like yourself can post questions and hopefully get the answer you seek.
 

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