Does a grandparent have any legal rights?

What is the name of your state?What is the name of your state?North Carolina

My Daughter went in the army and left her two small children with me until she is done with her basic training and job training. She signed a power of attorny naming my husband and me.
Her husband who she has been seperated from from 6 months(not legally) has shown no desire to see his daughter, The youngest child at all.
The problem is his mother. We told her she could come visit the baby when she wants to, but not take the baby anywhere just visit at our house. This is not good enough for her, she has threatned to get a lawyer and take the baby or at the least force us to let her take the baby for visitation away from the home. Does she have any legal rights or is she just blowing hot air..Thanks.

She has as many legal rights as you do, which is none outside of those resulting from the parents.

If the father wants his parents to have visitation, or, in fact, if the father wants to simply come over and take HIS child, he can. A power of attorney means nothing regarding custody of a child.

Also, without a court order granting the mother sole legal custody, and since you have said the couple is not legally separated, if you inhibit the father at all from coming to take his child, you could be arrested and put in jail.

I would suggest a reality check for you and your husband real quick. Because you have no legal rights to keep this child from anyone.

BelizeBreeze said:

She has as many legal rights as you do, which is none outside of those resulting from the parents.

If the father wants his parents to have visitation, or, in fact, if the father wants to simply come over and take HIS child, he can. A power of attorney means nothing regarding custody of a child.

Also, without a court order granting the mother sole legal custody, and since you have said the couple is not legally separated, if you inhibit the father at all from coming to take his child, you could be arrested and put in jail.

I would suggest a reality check for you and your husband real quick. Because you have no legal rights to keep this child from anyone.

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However she also has no legal obligation to allow the grandparents to take the child out of her home. She is only legally obligated to allow the father to do that.

The father doesnt even play into this. I am in contact with him and he agreed he wanted me to keep the baby while my daughter was away. He knows he can come get or see the baby any time he wants, I dont have a problem with him, its his mother.
I just wanted to make sure if she had any legal rights or not.

takersgurl said:

The father doesnt even play into this. I am in contact with him and he agreed he wanted me to keep the baby while my daughter was away. He knows he can come get or see the baby any time he wants, I dont have a problem with him, its his mother.
I just wanted to make sure if she had any legal rights or not.

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The only legal right that she has is the right to go to court and attempt to get visitation rights (she can't get custody without proving both parents unfit). That would be an expensive case for her to take on...and she may not even be able to do it while your daughter is in basic and job training.

This may be going way out on a limb, but have you asked the parents if they want the paternal grandparents to visit with their child outside of your home?

rmet4nzkx said:

This may be going way out on a limb, but have you asked the parents if they want the paternal grandparents to visit with their child outside of your home?

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My Daughter doesnt have a problem as long as the visitation is in my home, as for the father, he doesnt have much of an opinion on anything, he doesnt really have much envolvement with his daughter, although I do call him once a week to let him know how shes doing , Mainly because I dont want anyone saying I am trying to shut him out of her life. He doesnt have much to do with his mother and this whole taking me to court thing is all her scheme. I know that this woman does drugs and There is no way I'm letting her take the baby out of my house unless I'm forced too. She has only seen the Baby three times since she has been born and the child is now 15 months old. She only took me up once on the offer to come to my house to visit her, and spent that time yelling at me for trying to keep her away from the baby, needless to say the visit didnt last long.

grandma has no rights to the child

ny-if you have legal guardianship of the child while the mother is away,you can stop the paternal grandmother from taking the child,but not the father.the paternal grnadmother has no rights to the child anyway,so as long as the child lives with you,what you say goes.

takersgurl said:

My Daughter doesnt have a problem as long as the visitation is in my home, as for the father, he doesnt have much of an opinion on anything, he doesnt really have much envolvement with his daughter, although I do call him once a week to let him know how shes doing , Mainly because I dont want anyone saying I am trying to shut him out of her life. He doesnt have much to do with his mother and this whole taking me to court thing is all her scheme. I know that this woman does drugs and There is no way I'm letting her take the baby out of my house unless I'm forced too. She has only seen the Baby three times since she has been born and the child is now 15 months old. She only took me up once on the offer to come to my house to visit her, and spent that time yelling at me for trying to keep her away from the baby, needless to say the visit didnt last long.

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Your answer is not responsive. I asked if you have specifically asked both parents if his mother/father has their permission for visitation with the child outside your home. I must assume by your asnwer that you have not asked them, so ask them. Don't make assumptions about this and you will save the child, the parents and yourself a lot of grief. That will be the first question the judge will ask, not what you believe they will say. Claiming the paternal grandmother is on drugs is something that has to be proven and while the parents cannot be personally involved at this time doesn't preclude the involvement of both sets of grandparents. It would appear that you are preventing the paternal grandparents from visitation or making it difficult for them without even asking the parents what they want in this instance. That is not to say that you may not have reasons, but you have to ask the parents first, that is their right and in the best interest of the child. Of course there may be conditions for visitation as well.