parental rights vs. grandparental rights

[xerses1979]

i am father.

 

[LegalBeagle]

The standards for GP visitation often change (and become more lenient) when they are the parents of a deceased parent.

That is exactly what the Troxel case was all about.

 

[njmom]

suggestion.........

If I were you, I would just sit back and wait on it, sounds to me as if she is just trying to intimidate you. Also sounds like she is blowing smoke up your azz! If I were you, I would continue to let Your mom and Your grandmom care for the child, and back off letting the in law care for your daughter. If you haven't already, I would start documenting everything she says and does to you, preparing myself for backup, if she does ever try to sue you for custody. If I were you, I would also sit down and think about what you can offer her, as far as visitation, and send her a certified letting stating it, so at least you offered her visitation, which looks very good on your part! Good luck and keep up the good work Daddy! I will keep you and your daughter in my prayers! You are going to do just fine!

 

[xerses1979]

so I am only seeking counsel in the event something SHOULD happen. I am the type of person that l;ikes to size up situations before they escalate. She may just be trying to intimidate me, Im just tired of the "threat" of legal action. If she wants to take me to court so be it I cant stop her, I will however be well prepared to fight for my daughter and I refuse to just roll over and take it. This has gone on long enough and has begun to cause undue stress in my life that i just dont need. I welcome her to be part of our family but if she cant settle for occasiional visitations then I will not bend to her favor. I know im young and i'll probably make a few mistakes along the way, but we were all once young parents and im sure none of us were perfect

 

[njmom]

well.......

that is completely up to you. I am just looking at the fact that I am sure you don't have thousands of dollars to spend in legal fees. Let her be the one to make the first move, my opinion is, I would wait on it. I would not allow her threats to intimidate me, or stress me out! You will be just fine!

Leagle.....this may sound like a stupid question, but I will ask anyway. If one parent dies, and a situation arises where the G parents are fighting for custody/visitaion, does the surviving parent have to file for custody, or does it just automatically go to the surviving parent? I'm sorry, I do give some great advice, at least in my thoughts, but I was just wondering, since I have never had this type of experience, nor have I known any one who has experienced the death of a spouse with such small children. Thanks in advance!

 

[xerses1979]

actually i get pretty cheap legal counsel. and if it ever came to that i have no trouble spending as much as it took to fight this in court.

 

[LegalBeagle]

Re: well.......

Leagle.....this may sound like a stupid question, but I will ask anyway. If one parent dies, and a situation arises where the G parents are fighting for custody/visitaion, does the surviving parent have to file for custody, or does it just automatically go to the surviving parent?

It is automatic.. it is only when you do not have physical custody and the person looking after the child refused to hand them over that you need to take action.

 

[LegalBeagle]

Re: suggestion.........

If I were you, I would just sit back and wait on it, sounds to me as if she is just trying to intimidate you. Also sounds like she is blowing smoke up your azz! If I were you, I would continue to let Your mom and Your grandmom care for the child, and back off letting the in law care for your daughter. If you haven't already, I would start documenting everything she says and does to you, preparing myself for backup, if she does ever try to sue you for custody. If I were you, I would also sit down and think about what you can offer her, as far as visitation, and send her a certified letting stating it, so at least you offered her visitation, which looks very good on your part! Good luck and keep up the good work Daddy! I will keep you and your daughter in my prayers! You are going to do just fine!

No.. he does not need to put anything in writing and should not do so. Don't even mention the word 'visitation'. He just needs to cut down on the time she has the child and demand she backs off.