What is the name of your state (only U.S. law)? California
Back in July/August 2010 my daughters grandmother (her fathers mother) asked if she could have her each month on a certain day (ex: the 15th of every month). I said no that it wouldn't be fair to the other grandparents, especially because she is one of the grandparents who sees her most often. We, myself and my daughter, lived with her for 3 months in 2008 during which time she was able to spend time with my daughter but she chose to be out of the house more often than not. My ex moved in with her and was there for close to a year, his mom got to see our daughter every weekend that she was there. She would call me almost every weekend that my ex had my daughter to ask if I could bring her over early so they could spend time together, when I would agree she would start calling more asking for more time. She began taking advantage so I started telling her that she couldn't go over early or that she couldn't have her for the day, etc. According to what my daughter has told me, she spent the majority of those weekends with her grandmother, not her Dad. He moved out about 7 or 8 months ago which prompted her to ask me for that one certain day each month.
She hasn't called my daughter at our home since August 2010, even after we tried to call her 3 times. She is now saying that she is going to sue for Grandparents rights because I don't let them see each other. I've never once said she can't see her but I am trying to control how often she sees her because she will do anything she can to take advantage and see her more often. I've always allowed her to take my daughter places and do things with her but I've not allowed her to rule our lives by taking my daughter whenever she wants.
I don't agree with some of the things she says to my daughter, like calling her sexy (I first heard this when my daughter was 4) or telling her to dance sexy so I allow contact but I try to keep the visitation to a grandparent level.
My ex and I broke up before our daughter was born and have a verbal custody agreement that we've never wavered from in the past 7 years. We are civil with each other but I don't think he would back me up if this went to court. His visitation schedule is every other weekend and every other holiday.
I am of the opinion that it is his responsibility to let our daughter visit with his mom but I have been nice enough to share my time with her to allow that extra contact which she has denied herself since August.
If she takes this to court does she have a leg to stand on?