empty threats?

[Lixim]

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

My husband and I are planning a move to Canada for his work (for about a year). His mother is throwing a fit and stating she is going to file a grandparent's right case on us. This is largely because we won't allow her unsupervised visits with the kids. Growing up my husband had pot and alcohol given to him by his mother at the age of 10 and she makes very inappropriate sexual comments about, well, everything. She also invites many different types of people into her home to live for uncertain periods of time, usually without informing family of who is there. Some of these house guest have been drug addicts and felons and we both decided it isn't a great environment. My question is, does she even have grounds to file a suit or will she be wasting her time with a lawyer? I don't really want to hire a lawyer over something like this, but will gladly if I have to...

 

[tranquility]

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

My husband and I are planning a move to Canada for his work (for about a year). His mother is throwing a fit and stating she is going to file a grandparent's right case on us. This is largely because we won't allow her unsupervised visits with the kids. Growing up my husband had pot and alcohol given to him by his mother at the age of 10 and she makes very inappropriate sexual comments about, well, everything. She also invites many different types of people into her home to live for uncertain periods of time, usually without informing family of who is there. Some of these house guest have been drug addicts and felons and we both decided it isn't a great environment. My question is, does she even have grounds to file a suit or will she be wasting her time with a lawyer? I don't really want to hire a lawyer over something like this, but will gladly if I have to...

If you both are still married and living together, she is just blowing smoke.

 

[sandyclaus]

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

My husband and I are planning a move to Canada for his work (for about a year). His mother is throwing a fit and stating she is going to file a grandparent's right case on us. This is largely because we won't allow her unsupervised visits with the kids. Growing up my husband had pot and alcohol given to him by his mother at the age of 10 and she makes very inappropriate sexual comments about, well, everything. She also invites many different types of people into her home to live for uncertain periods of time, usually without informing family of who is there. Some of these house guest have been drug addicts and felons and we both decided it isn't a great environment. My question is, does she even have grounds to file a suit or will she be wasting her time with a lawyer? I don't really want to hire a lawyer over something like this, but will gladly if I have to...

California grandparents cannot file for visitation rights while the child's parents are married, unless specific conditions are met. These conditions include the following: the parents are living separately, a parent's whereabouts are unknown for a month or more, the child has been adopted by a stepparent or the child does not live with either parent. In addition, a grandparent may petition for rights if joined in that petition by one of the parents.

As the two of you are still married AND together, then the grandmother has no legal grounds to seek any kind of visitation rights. Let her waste her time and money if she wishes, but the case will end up going nowhere FAST.

 

[Lixim]

Thank you for your responses. We have been together 15 years and have no plans of living separately, so I guess she will have no grounds to act on. This is a major relief because the last thing the kids need is this sort of stress in their life when they are already going to have to go to a new school and new country. I appreciate your time.