My daughter is 12 months old and her Grandmother (on her father's side) has never been interested in her (never called to ask how she was, or came to see her.) She has only seen her one time (she was 9 days old) and Im sure she only wanted to she her to see if she looked like her son (my daughter's father). Well her birthday party was last week and I said that I didnt' want her there because of how evil she is and how she would upset me and my daugher's 1st birthday party. (I am 9 months pregnant). When I was pregnant with my daughter this lady was really mean to me and hated me (but took it out on her granddaughter).
Well anyways, all the sudden she says that she wants to take me to court for Grandparents rights (visitation). But I have never (besides her party) denied her the right to come see her. (She has never attempted to anyways). I looked up the law in Kansas for grandparents rights and she has to do 2 things (1. have a substantial relationship with her, and 2. it has to be in
2006-07-28
15:06:57
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24 answers
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asked by
AuroraBorealis
4
in
Pregnancy & Parenting
➔ Parenting
the best intrest of the child.) Well she obviously doesn't have a relationship with her, and she smokes, drinks, and does drugs in her house. (She wanted to have my daughter for a whole day at her house, and if I don't she's taking me to court)
2006-07-28
15:08:16 ·
update #1
I cannot afford a lawyer...do you think i could call one and talk to one for free?
2006-07-28
15:14:48 ·
update #2
my daughter's father was killed in Iraq in January....a few people asked what he thought.
2006-07-28
15:54:53 ·
update #3
call her bluff. If she takes it to court, which i doubt she will, she will have to show her interest in the child. Sounds like she's a self-center person, and people who are self-center rarely do anything for the good of someone else. She is probably a control freak, and if she is, she's using this tactic to control your emotions. Don't let her. If she sees she can't get to you emotionally, she'll move on to her next victim. Good luck!!
2006-07-28 15:14:05
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answer #1
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answered by wizibuff 4
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As far as talking to a lawyer, every state provides a free legal representation, and advice based on your income level...As to taking your Mother-in-law to court...All you need is some kind of proof that she uses drugs, everything will be throne back in her face, which would take away any reason for her to see the child, also there is no t a substantial relationship, so this would not apply...You are the MOTHER, you need to look out for the emotional, physical, and mental well-being of your child...you have to do what you feel is the right thing to do...unfortunately the court does not always look at it this way, so be prepared to do whatever it takes to protect your child!
2006-07-28 15:46:33
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answer #2
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answered by yoohoosusie 5
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Hmmmm, that's really hard. You shouldn't need a lawyer. tell the judge what you just wrote to us. Do you have friends or family that can back up your claims that she has never tried to be close to your daughter? If you take statements from them with you to court, and tell the judge that you're more than happy for the grandmother to be a part of your daughters life, the judge should just throw it out of court. I'm not sure what your daughter's grandmother is trying to go for, but the judge should see it as being complete if your grandmother gets visitation rights, which you saying "sure, she can see her" should accomplish. She'll no doubt bring up the fact that you didn't let her come to the party, simply tell the judge that she had caused stress for you before, and you didn't want to have to deal with that on that day. If you have friends or family that can back up the claim of her being mean to you while you were pregnant, that'll help. Just remember to take proof of anthing that you want to bring up, and I think you'll be fine. Good luck!
2006-07-28 18:30:48
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answer #3
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answered by jadevandersee 2
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Given what you've presented, I don't think any lawyer will represent her even if she wants to take you to court. It would be frivolous, and though lawyers can make money in these cases, they also care about their reputation and can get into trouble on that end if they take cases that are so obviously out there.
So, I also think she's bluffing. Call a lawyer, get professional advice and tell the granny you're not going to fold, that you are sticking to the decisions that you know are best for your precious little one.
How sad that this woman even thinks to use an innocent little child as a pawn to gain power in her relationship with you!
Good luck to you!
2006-07-28 15:36:13
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answer #4
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answered by Stacy K 3
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Well, I know that where i live the grandparents have no rights. If she does take you to court I would make sure she has had contact at all with your child and that you don't know her that well to let your child go with her. If she really wants to see her she will have to have supervised visits in a public place to lessen the chance of problems escalating. This will show how serious she is. Good Luck
2006-07-28 15:11:58
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answer #5
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answered by inmybiz 3
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I am sorry for your loss, I would have sided with the grandma all the way up to the point you stated she drinks and does drugs. This is a slam dunk!! HELL NO!! the child is not safe around someone who does drugs. also I hate the fact she is trying to take you to court after everything you have been though. I suggest you should move far away from her, and never let your baby near this person.
2006-07-28 20:22:21
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answer #6
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answered by outdoor man 4
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Take your concerns to a lawyer. You are in your legal right not to leave with your child with her unattended. Since you say she's drinking and drugging how can she care for your child. Think about this what if police go there and she's intoxicated your child goes to child protective services. Now you have to explain to a judge. No get a lawyer and witnesses to her behavior. As I see it you are completely correct in being concerned.
2006-07-28 15:17:38
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answer #7
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answered by tastyflow 3
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If she wants visitation then let her AT YOUR HOUSE! do not let her take her . She sounds like a drugged up freak. If you can get a lawyer for free go for it. What does the babies father say on this
2006-07-28 15:50:10
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answer #8
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answered by Rachel 7
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If ur heart is telling u not to let ur baby over there, don't do it. U have a as her mother to make these kinds of decisions. U r right, she is wrong for not wanting to see ur baby. Smart of u to say u don't want her at the baby's party,and ur pregnant(Congratulations), but do what u think is best. I think u already did the right thing.
2006-07-28 15:18:30
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answer #9
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answered by Tyegirl01 2
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I would let her do it. You have enough ammo against her to fight her in court. Just remember to make notes every time you remember something that would help. Write down all the mean things she did no matter how trivial. It is so easy to forget some things when you need them. Good Luck.
2006-07-28 15:10:40
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answer #10
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answered by nastaany1 7
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I really don't want to attempt to answer this question. The best thing I can suggest is to consult with an attorney. If you don't know of one, there are may attorneys offering free initial consultation. Check in the phonebook. Good luck!
2006-07-28 15:14:22
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answer #11
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answered by Debs 3
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