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legal custody or visitation rights to my grandaughter

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What is the name of your state? ga. hi, i am seeking advice on custody rights, or legal visitation rights for my 2 year old grandaughter. my son; age 21 has been married to his wife;23 for the past 3 years. when they first met she was very wild, had just come out of a lesbian relationship with a woman that kept harrassing them. before they were married, she would stay with my son for approx. 5 days and then leave. then she would come back and do it all over again. she had a weekly fine and in my eyes, she was just using him to pay it. her mother is a convicted murderer and raised her up in drugs; allowing her to do them and assist her in dealing. she has had a horrific childhood and is and has been seeking psycological help for sometime now. she has committed adultery with a man and a worman during their marriage. she has no remorse for the hurt she has caused my son and i am concerned with her background, that she is not fit to raise my precious grandaugher, i would like to allow the mother to have visitation rights, but at this time she is unemployed, not in a stable living environment, and not mentally able to give her the guidance and family values she deserves in life. can you give me some advice?


Senior Member
Most states have decided that grandparents rights do not outweigh the rights of the parents. What's wrong with the father that he cannot get custody?


their is nothing wrong with the father. me and my husband and my son together would like to seek strong parental rights due to the mothers mental state. she has extramarital affairs with both sexes, and has been stupid enough to admit it to me and swear on both her childrens life. she also has a 5 year old son whom is with his father at this time, and has been for the past 2 weeks. he is very intelligent for his age and i suspect one of the reasons she hasn't argued the fact that he doesn't want to come home is that he may tell family members of her wrong doings. i am very concerned about my grandaughter, and from the thing that i have told you, you are saying that we don't have a chance?


It's not a matter of not standing a chance. Parents' rights to rear their children as they see fit overrides a grandparents good intentions as grandparents do not have rights to their grandchildren because they are grandparents. You've mentioned her hurting YOUR child and that you believe she's unfit. A court would want to know what is going on with both parents before they grant a third-party permission to care for the child.

If, as you say, your son has no major issues, he would be the one to seek custody of his daughter. If he decides that he would like you and your husband's input, that's up to him. Nowhere in your post does it say the parents are divorced, getting divorced or separated. Grandparent visitation petitions start when the parents are no longer together (not saying they're always granted). At this point of the parents being married, you don't have much ground, and both parents can care for the child as they see fit as they both have custody. It's kind of difficult to tell one parent living in the household she can visit her child while her husband has custody.

If they're separated, the courts also consider that your son knew of her past before marrying her and having a child. If her past didn't bother him before marrying her, he can't expect to use it against her to get their child. But then, you also say she's seeking help to deal with her past. What more can she do about it? While adultery is wrong, her being unfaithful doesn't necessarily mean she'll be a poor mother to her daughter.

So, at this point (from the information given), your son stays with the mother and tries to work things out as husband and wife and parents, and you can hope they'll let you have some influence and/or visitation. Or, your son can separate from her and petition for custody and hope that he can prove that he can better provide for his daughter's needs.

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