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  #1  
Old 08-28-2006, 04:08 PM
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Join Date: Aug 2006
Posts: 2
Unhappy

Help Please..if you can...


What is the name of your state? Georgia

Well here's the story as best as I can put it in text.

I'm not the Grandmother here but, I want advice.

My brother is 25, and has been married for six years. He has a three year old daughter with his wife. His wife does not allow my Mother nor I (being I'm his sister) to speak with my niece on the telephone, no pictures. nothing and she's really never had good explanation of why we cannot see my niece, (Although she does live now in Texas) but when they were home, We only got to see her once.

so I'm curious onto how does this work?DO we have rights to talk to my niece on the telephone?recieve pictures?ect? My brother won't put his foot down to my sister inlaw so he is low and behold on his knees to her basically letting her run the life of my niece. He won't step up and he won't allow us either to speak to my niece because of my sister inlaw.

Now do we have rights to tell him We can speak with her because it's against Grandparents rights? Even if they are married and not divorced?

They have split up a few times but worked things back together and through the splitting she'd still not allow us to speak with her.

PLEASE HELP.
  #2  
Old 08-28-2006, 05:57 PM
Senior Member
 
Join Date: May 2004
Posts: 43,077
Quote:
Originally Posted by bitterdenial
What is the name of your state? Georgia

Well here's the story as best as I can put it in text.

I'm not the Grandmother here but, I want advice.

My brother is 25, and has been married for six years. He has a three year old daughter with his wife. His wife does not allow my Mother nor I (being I'm his sister) to speak with my niece on the telephone, no pictures. nothing and she's really never had good explanation of why we cannot see my niece, (Although she does live now in Texas) but when they were home, We only got to see her once.

so I'm curious onto how does this work?DO we have rights to talk to my niece on the telephone?recieve pictures?ect? My brother won't put his foot down to my sister inlaw so he is low and behold on his knees to her basically letting her run the life of my niece. He won't step up and he won't allow us either to speak to my niece because of my sister inlaw.

Now do we have rights to tell him We can speak with her because it's against Grandparents rights? Even if they are married and not divorced?

They have split up a few times but worked things back together and through the splitting she'd still not allow us to speak with her.

PLEASE HELP.

No...there are no automatic grandparent's rights...particularly if the family is currently intact. Therefore no, you can't make those kinds of threats.
  #3  
Old 08-28-2006, 09:06 PM
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Join Date: Aug 2006
Posts: 2
Question

Quote:
Originally Posted by LdiJ
No...there are no automatic grandparent's rights...particularly if the family is currently intact. Therefore no, you can't make those kinds of threats.

So say they spit again but He stays in Texas and she comes back home to Georgia, would that give my Mother any right then? Or would it have to be fullblown divorce before she could claim anything of Grandparents Rights?

and thanks for the help
  #4  
Old 08-28-2006, 09:29 PM
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Join Date: May 2002
Posts: 30,012
Quote:
Originally Posted by bitterdenial
So say they spit again but He stays in Texas and she comes back home to Georgia, would that give my Mother any right then? Or would it have to be fullblown divorce before she could claim anything of Grandparents Rights?

and thanks for the help
Likely not. She could see the kids when Dad has them. Of course, if Dad died**************.....
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  #5  
Old 08-29-2006, 02:11 PM
Senior Member
 
Join Date: May 2004
Posts: 43,077
Quote:
Originally Posted by stealth2
Likely not. She could see the kids when Dad has them. Of course, if Dad died**************.....
Actually in GA it could be worse for them if dad dies. Case law is very strong on the side of the remaining parent if one of the parents is deceased.

The bottom line for the OP is that he/she understands that grandparents have no automatic rights. They only have standing to sue in certain, limited circumstances. Having standing to sue does NOT guarantee a win either.

Therefore, attempting to intimidate the parents into doing what you want, by threatening grandparents rights, is an empty threat and is only going to unnecessarily increase the hostilities.
  #6  
Old 08-29-2006, 07:47 PM
degenerationx
Guest
 
Posts: n/a
Angry

its their child they decide who can see her not YOU


Quote:
Originally Posted by bitterdenial
What is the name of your state? Georgia

Well here's the story as best as I can put it in text.

I'm not the Grandmother here but, I want advice.

My brother is 25, and has been married for six years. He has a three year old daughter with his wife. His wife does not allow my Mother nor I (being I'm his sister) to speak with my niece on the telephone, no pictures. nothing and she's really never had good explanation of why we cannot see my niece, (Although she does live now in Texas) but when they were home, We only got to see her once.

so I'm curious onto how does this work?DO we have rights to talk to my niece on the telephone?recieve pictures?ect? My brother won't put his foot down to my sister inlaw so he is low and behold on his knees to her basically letting her run the life of my niece. He won't step up and he won't allow us either to speak to my niece because of my sister inlaw.

Now do we have rights to tell him We can speak with her because it's against Grandparents rights? Even if they are married and not divorced?

They have split up a few times but worked things back together and through the splitting she'd still not allow us to speak with her.

PLEASE HELP.
neither of you have any rights to this child. if mom and dad wont allow contact, the only thing you can do is make nice with them. this is their child, and they decide who can have contact. youll just have to live with it. threatening them is a good way to get slapped with a restraining order. you are the aunt, not the grandparent, therefore, YOU cannot get grandparent rights.

Last edited by degenerationx; 08-31-2006 at 08:22 AM.
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