Visitation for Grandma

[amrkjr]

What is the name of your state (only U.S. law)? South Dakota
I have a almost 4 year old child, I am not nor ever been married to the bio father and he has no visitation rights. I am remarried. The paternal grandmother helped me with baby sitting the first year of my sons life and now sees him about once a week for a few hours. I recently discovered that she was telling my son things that I do not agree with and allowing people around that I dont want around. I recently told her not to do this anymore and she got upset. I have not made arrangements for my son to visit her and have not answered her many, many phonecalls (at this time I am upset and dont feel we would have an adult conversation) My question is what rights does she have being my sons father doesnt exercise his rights? And if she does have visitation rights what would she be allotted? She has threated to take me to court although I have yet to deny her anything. I donot feel obligated to let her see him every week nor answer the phone if I am at work or busy

 

[TinkerBelleLuvr]

Has dad been declared "dad" by the courts? Is there a current order for child support/paternity/ parenting time? Not asking if he is exercising any of it. Just if there is a legal dad.

 

[amrkjr]

There is an child support order and paternity estaplished, but no court order for visitation or any kind of custody order

 

[TinkerBelleLuvr]

Grandparent Rights to Visitation: Visitation may be granted if the child's parents are divorced or legally separated or if an action for divorce or separate maintenance has been commenced by one of the child's parents, or if the grandparent's child has died. The court must find that the visitation is in the child's best interest. Title 25, Chapter 4, Section 25-4-52 (S.D.C.L. §25-4-52 et seq.). 25-4-45

http://www.divorcesource.com/info/grandparents/states/southdakota.shtml

http://www.elderlawanswers.com/elder_info/elder_article.asp?id=704
some good reading in here

 

[LdiJ]

She has no inherent rights regarding your child. However, because paternity has been established and because its an unwed situation, she does have standing to sue for visitation rights. However, standing to sue doesn't automatically mean that she will win visitation rights. It just means that she is allow to try.

If she does, and she wins visitation rights, it is unlikely to even be as much as you were giving her, and odds are the judge would put in the restrictions that you want.

So, grandma might end up with less than what you have been giving her, and STILL have to follow your rules.

Grandma would just be wiser to follow your rules.