• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cjnrussmom

Junior Member
i live in south dakota and my mom is threating me to take me to court for grandparets rights. she never took care of me when i was growing up and now that i have two kids of my own she wants to act like my mother. i don't know what to do about it. i was told that here in south dakota there are no rights if my kids whete born here which they were. my mother never helps me when i need help and she thinks that she wil be able to take care of my kids when she doesnt have a hous or a car of her own. please help
 


Proserpina

Senior Member
i live in south dakota and my mom is threating me to take me to court for grandparets rights. she never took care of me when i was growing up and now that i have two kids of my own she wants to act like my mother. i don't know what to do about it. i was told that here in south dakota there are no rights if my kids whete born here which they were. my mother never helps me when i need help and she thinks that she wil be able to take care of my kids when she doesnt have a hous or a car of her own. please help


I don't know what you were told, but grandparents can indeed get visitation in South Dakota.

25-4-52. Visitation rights for grandparents--Enforcement by circuit court.

The circuit court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and:
(1) If the visitation will not significantly interfere with the parent- child relationship; or
(2) If the parent or custodian of the grandchild has denied or prevented the grandparent reasonable opportunity to visit the grandchild.

The circuit court shall issue any orders necessary to enforce or to protect visitation rights granted pursuant to this section.
As used in this section, the term grandparents includes great-grandparents.
Source: SL 1982, ch 191, § 1; SL 2001, ch 130, § 1; SL 2003, ch 144, § 1; SL 2004, ch 172, § 1.

If you're served, please come back and let us know.
 

cjnrussmom

Junior Member
i will but im not zure if i should talk to a lawyer before any of this happens or if i should just wait and see what happens
 

Proserpina

Senior Member
i will but im not zure if i should talk to a lawyer before any of this happens or if i should just wait and see what happens


You might be better off just waiting to see what happens. Most times, grandparents who threaten lawsuits are doing just that - threatening.
 

ecmst12

Senior Member
If she doesn't have any money, she won't be able to afford the thousands and thousands in legal fees that it will cost her to take you to court.
 

stealth2

Under the Radar Member
South Dakota is a beautiful state! I lived there and met my hubby there. :)

If indeed your mother was never a real mother to you and now wants to be to your kids, it is very likely that a judge would be looking at the history of her relationship with them anyway. I'm going through it in Arizona with my daughter, but I helped raise this one granddaughter and have been involved with all my grandchildren all their lives.

It does cost, fortunately we have the means.

I hope you don't have to go through that if you are truly just wanting to be a good mom and focusing on that. Maybe your mom is trying to make up for what she didn't do years ago....sometimes as they get older they realize and want to make things right. Have you asked her that? Maybe a good sit-down with her?
As an FYI, 3 weeks on these boards is a lifetime. Please do not necropost on threads that are not your own. Thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top