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Looking to block maternal grandparents from meddling

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sambk36

Junior Member
What is the name of your state (only U.S. law)? California

Hi All,

A little background, we were living in NY, her parents made us an offer to move out to California, so we left NY on Feb 1, 2012. My son just turned 5 years old 4 days ago, his mom and I are in the process of divorcing. We lived under their (in laws/grandparents) roof for a couple years until January 2014 when I decided to move out and got a place on my own. His mom stayed under their roof for another 10 months after i left. Custody was agreed to be joint and We would alternate weekends and share him during the week, with his preschool being the point of drop off and pick up.

I am getting sick and tired of her parents making decisions for our son without consulting the both of us. For example, the grandmother is adamant that my son learn to swim (i agree that he needs this skill). She went behind my back and signed him up for swimming lessons in another town nowhere convenient to me from my home or work. She just called me up one day and said he's been signed up for swimming M, W and Fri, and that i could pick him up at their home afterwards. Another example, our son may have some form ADHD and I was in the process of getting him to see a therapist or doctor. Grandma took it upon herself to sign him, his mom and me up for counseling, again, in a town not convenient for me.

The whole time living under their roof the grandma would say "Oh, we'll have to get him in early for elementary school", the school she wants to get him into is in their town. This may have been fine while we were there but now things have drastically changed. We are divorcing and his mom and I don't live in that town anymore. Come September he will be entering kindergarten and I will be damned if his grandparents go behind our back and sign him up for their school of choice. He needs to go to school where its equidistant from his mothers place and mine, not a convenience for his grandparents.

I here talk about signing him up for Karate and other sports and I am getting pissed off. That's my job to do as his dad. I am very much involved in my sons life and it is my right to share these "Father-Son" moments with him and they are taking that away from me.

What I want to know is if I am in my legal rights to write up some paperwork barring them from making any decisions that affect our son and us the parents. I don't want them meddling anymore. They sign him up for things convenient to their location and then just spring stuff on me like i'm supposed just be okay with it. Well that's over now. Any advice as to how I should proceed? My plan was to write up this "injunction" so to speak, and have his mom and I sign it and have it notarized then mailed to them by certified mail. Would this hold up in court? I don't want them to miss out on their grandson but what i REALLY don't want is them making these life-jarring decisions. Yes, life-jarring because I don't have any say after the fact. I have to leave work early, I have to leave my usual travel route, I waste gas going way out of my way because its convenient for them. Any advice would be greatly appreciated. Thanks.
 


Zigner

Senior Member, Non-Attorney
It seems to me that mom is allowing these decisions. There is nothing you can do short of going to court about this.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? California

Hi All,

A little background, we were living in NY, her parents made us an offer to move out to California, so we left NY on Feb 1, 2012. My son just turned 5 years old 4 days ago, his mom and I are in the process of divorcing. We lived under their (in laws/grandparents) roof for a couple years until January 2014 when I decided to move out and got a place on my own. His mom stayed under their roof for another 10 months after i left. Custody was agreed to be joint and We would alternate weekends and share him during the week, with his preschool being the point of drop off and pick up.

I am getting sick and tired of her parents making decisions for our son without consulting the both of us. For example, the grandmother is adamant that my son learn to swim (i agree that he needs this skill). She went behind my back and signed him up for swimming lessons in another town nowhere convenient to me from my home or work. She just called me up one day and said he's been signed up for swimming M, W and Fri, and that i could pick him up at their home afterwards. Another example, our son may have some form ADHD and I was in the process of getting him to see a therapist or doctor. Grandma took it upon herself to sign him, his mom and me up for counseling, again, in a town not convenient for me.

The whole time living under their roof the grandma would say "Oh, we'll have to get him in early for elementary school", the school she wants to get him into is in their town. This may have been fine while we were there but now things have drastically changed. We are divorcing and his mom and I don't live in that town anymore. Come September he will be entering kindergarten and I will be damned if his grandparents go behind our back and sign him up for their school of choice. He needs to go to school where its equidistant from his mothers place and mine, not a convenience for his grandparents.

I here talk about signing him up for Karate and other sports and I am getting pissed off. That's my job to do as his dad. I am very much involved in my sons life and it is my right to share these "Father-Son" moments with him and they are taking that away from me.

What I want to know is if I am in my legal rights to write up some paperwork barring them from making any decisions that affect our son and us the parents. I don't want them meddling anymore. They sign him up for things convenient to their location and then just spring stuff on me like i'm supposed just be okay with it. Well that's over now. Any advice as to how I should proceed? My plan was to write up this "injunction" so to speak, and have his mom and I sign it and have it notarized then mailed to them by certified mail. Would this hold up in court? I don't want them to miss out on their grandson but what i REALLY don't want is them making these life-jarring decisions. Yes, life-jarring because I don't have any say after the fact. I have to leave work early, I have to leave my usual travel route, I waste gas going way out of my way because its convenient for them. Any advice would be greatly appreciated. Thanks.
I'd advise you & Mom to be the parents. You just say no. You don't need a homemade "injunction."

The child will go to school in the district of the primary parent, not necessarily the "equidistant" one.
 

sambk36

Junior Member
I'd advise you & Mom to be the parents. You just say no. You don't need a homemade "injunction."

The child will go to school in the district of the primary parent, not necessarily the "equidistant" one.
It isn't a matter of just saying no. The grandma has copies of all his documentation and seems to get joy out of cutting us off at the pass. To your second point, the mom and I share custody equally, there is no primary parent.
 

Zigner

Senior Member, Non-Attorney
It isn't a matter of just saying no. The grandma has copies of all his documentation and seems to get joy out of cutting us off at the pass. To your second point, the mom and I share custody equally, there is no primary parent.
Then the child will end up in the district of one or the other of you. Not necessarily the "equidistant" district.
 

sambk36

Junior Member
It seems to me that mom is allowing these decisions. There is nothing you can do short of going to court about this.
The mom is equally upset about this and had a blow up with them about this just yesterday. Why would we need to go to court? They're not the parents, they're not seeking custody. All I want is for the meddling to stop. Couldn't I just write something up and have it notarized?
 

Zigner

Senior Member, Non-Attorney
The mom is equally upset about this and had a blow up with them about this just yesterday. Why would we need to go to court? They're not the parents, they're not seeking custody. All I want is for the meddling to stop. Couldn't I just write something up and have it notarized?
As alluded to above - why even go that far. Just say no. You (plural) are the parents...
 

Silverplum

Senior Member
The mom is equally upset about this and had a blow up with them about this just yesterday. Why would we need to go to court? They're not the parents, they're not seeking custody. All I want is for the meddling to stop. Couldn't I just write something up and have it notarized?
Because that does not create a legal restraining order.
 

LdiJ

Senior Member
As alluded to above - why even go that far. Just say no. You (plural) are the parents...
I agree...just say no. Take grandma and grandpa off the pickup list at the child's school so that they can no longer pick him up. Then, you and mom follow your normal schedules.
 

Silverplum

Senior Member
I'm not looking to restrain anyone as I said in my original post, i want the behind the back stuff to stop. Is getting a restraining order the only way to get this done?
I don't mean to be unkind, but I think you'd be laughed out of court.

Seriously. Be parents. Say no. Don't hand Junior over to Granny for her plans.
 

Ohiogal

Queen Bee
Why have you and mom allowed grandma to take the child to swimming? To sign the child up for various things? Participated in counseling that grandma has arranged? You have gone along and therefore approved by your actions. As has mom. Grow a backbone -- and as everyone else has said, PARENT. Both you and mom need to be the parents.
 

RRevak

Senior Member
Do mom and kiddo still live with the grandparents? Also, are grandparents used for childcare or transporting the child to and from school etc?
 

sambk36

Junior Member
Do mom and kiddo still live with the grandparents? Also, are grandparents used for childcare or transporting the child to and from school etc?
No, they don't live there anymore. I have my own place, she has hers. When I have my son I don't ever use them for childcare or transporting. I do my chores with him. The mom on the other hand uses them for childcare and transport to and from school as her needs dictate. I refuse to use them for anything because it'll be thrown in my face eventually. I make it work, the mom does whats convenient for her. Either way, that shouldn't give them freedom to sign him up for all these activities without our consent.
 

RRevak

Senior Member
No, they don't live there anymore. I have my own place, she has hers. When I have my son I don't ever use them for childcare or transporting. I do my chores with him. The mom on the other hand uses them for childcare and transport to and from school as her needs dictate. I refuse to use them for anything because it'll be thrown in my face eventually. I make it work, the mom does whats convenient for her. Either way, that shouldn't give them freedom to sign him up for all these activities without our consent.
Then its going to come down to mom. If she continues to allow the grandparents to be childcare and taxis then it gives them more ability to control their end of the situation. Mom can "blow" up all she wants but if she really wanted them to butt out them she would figure out alternate means of care and transfer. Even if you brought it up in court and had provisions added to your orders to keep them from meddling, it would still be an issue as long as mom uses them the way she does. Honestly I see her being more of the problem than them. Time to kick mom in the rear.
 

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