concerned in Ohio

[Father-in-pain]

What is the name of your state?Ohio

Hello. I am a divorced father and have custody of my 3 year old daughter. Due to resentment my mother has from 12+ years ago, she has saw this as an opportunity to try and hold somthing over my head. See, I am in favor of her being in my daughters life with unlimited visits on one condition..... She has to leave her negative and argumentive remarks at the door. She has been unable to do this so far and chooses to attempt to fuel an argument each time she is at my home. I do not want this type of negative behavior around my daughter. The last time, I politely asked her to leave and told her she is welcome back tomorrow as long as she does not try to re-kindle old arguments (10 year old). She than made a remark which gave me chills. She said "I am her grandmother and you cannot stop me from seeing her". " I have legal rights". My question is................HOW TRUE IS THIS?

 

[Rushia]

What is the name of your state?Ohio

Hello. I am a divorced father and have custody of my 3 year old daughter. Due to resentment my mother has from 12+ years ago, she has saw this as an opportunity to try and hold somthing over my head. See, I am in favor of her being in my daughters life with unlimited visits on one condition..... She has to leave her negative and argumentive remarks at the door. She has been unable to do this so far and chooses to attempt to fuel an argument each time she is at my home. I do not want this type of negative behavior around my daughter. The last time, I politely asked her to leave and told her she is welcome back tomorrow as long as she does not try to re-kindle old arguments (10 year old). She than made a remark which gave me chills. She said "I am her grandmother and you cannot stop me from seeing her". " I have legal rights". My question is................HOW TRUE IS THIS?

From a quick google I found info that you're pretty much in the same boat as me. Mom may have standing, then it would go to best interest. Your story follows mine. Mine is entitled ex in laws, right under yours. Others will be along to help you.

 

[LdiJ]

What is the name of your state?Ohio

Hello. I am a divorced father and have custody of my 3 year old daughter. Due to resentment my mother has from 12+ years ago, she has saw this as an opportunity to try and hold somthing over my head. See, I am in favor of her being in my daughters life with unlimited visits on one condition..... She has to leave her negative and argumentive remarks at the door. She has been unable to do this so far and chooses to attempt to fuel an argument each time she is at my home. I do not want this type of negative behavior around my daughter. The last time, I politely asked her to leave and told her she is welcome back tomorrow as long as she does not try to re-kindle old arguments (10 year old). She than made a remark which gave me chills. She said "I am her grandmother and you cannot stop me from seeing her". " I have legal rights". My question is................HOW TRUE IS THIS?

Ok...let me try to explain this.

First, she has no legal rights at all as a grandparent. You are free to do whatever you feel is best for your child.

However, she does have standing to sue for visitation rights. That by no means guarantees a win for her...it just means that she has the right to attempt to get court ordered visitation rights. Its not the same as a parent vs parent case. At best she has a 50/50 chance of winning, and that is truly "at best". She would first have to prove that you are not allowing visitation (which is not the case) and/or that you are unreasonably restricting visitation (which is apparently not the case either). The court would have to give special weight to your decisions as a fit parent, and could not overcome that without grandma proving that it would significantly harm your child in some way if she could not visit under "her terms".

There is some pretty decent case law in Ohio on the side of parents in this kind of situation. The US Supreme Court has also ruled on this issue.

So, politely and firmly lay down the rules to your mom and stick by them. If she does sue you, then come back here at talk to us again. There are people who can help you.