My daughters grandmother (on her father's side) is threatening to take me to court for visitation rights...can she do this? DETAILS PLEASE i cannot afford a lawyer.
2006-07-28 15:45:09 · 5 answers · asked by AuroraBorealis 4 in Politics & Government ➔ Law & Ethics
According to Grant D. Griffiths, Attorney at Law, Clay Center Kansas:
Kansas has a grandparent visitation statute, K.S.A. 38-129(a), which governs vistation between a grandparent and their grandchildren. The statute states that the court may award visitation to grandparents if the court find there is; (1) a substantial relationship between grandparent and the grandchild; and (2) the visitation is in the best interest of the minor child. The burden of proving both required elements is for the party seeking visitation. It is not sufficient that the court find only one of the criteria exists.
A recent case, In the Interest of T.A., handed down on December 31, 2001, declared that in the situation where the father committed suicide, the paternal grandparents could have reasonable visitation rights upon a showing that; visitation was in the best interest of the child; and a substantial relationship between the child and the grandparents had been established. The court went on to say that, absent a finding of unreasonableness, the trial court should adopt a grandparent visitaiton plan proposed by the court.
In Kansas, if the two elements of K.S.A. 38-129 are met, the court should still give deference to the decision of a fit parent as to what visitation schedule the grandparent should receive. Under a case I argued in the Kansas Supreme Court, Kansas Dept. of SRS v. Paillet, 270 Kan. 646, 654, 16 P.3d 962 (2001), which interpreted Troxel v. Granville, 530 U.S. 57, 147 L. Ed. 2d 49, 120 S. Ct. 2054 (2000), a parent is entitled to a presumption that a fit parent will act in the best interests of her child and that presumption must be given special weight. Of course, the court added the reasonableness standard in, In the Interest of T.A, which of course leaves open the interpetation of what is reasonable.
It has been established through a long line of cases that parents have a constitutional right to decide how their children will be raised and also have a right to control their children and to decide the persons who may have access to the child. However in my own practice, I have seen judges use this reasonable standard to impose a visitation schedule on fit parents - even when the fit parent has determined that they do not believe it would be in the child's best interest to have visitation.
2006-07-28 15:54:29 · answer #1 · answered by Anonymous · 3⤊ 2⤋
Why doesn't she want the grandmother to see the child? Is she allowing the grandmother to see the child at all, or is she just not allowing the grandmother to see the child as often as the grandmother wants?
Are the parents of your granddaughter married? If so, it will be very difficult for the grandparents to get visitation rights. An intact family, where the parents are married and raising the child, is considered to be able to make decisions about who the child sees. They can keep the grandparents away from the child if they so choose.
If the parents are divorced or never married, the father can take his daughter to see his parents on HIS visitation time. Does he have legal visitation? This could be the defense that your daughter uses to try to fight the court action. If he doesn't have visitation, the court might order it for the grandparents if they can prove they have an established relationship with the child.
2006-07-29 03:27:01 · answer #2 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Yes, look up on web - just type in Kansas grandparents visitation - it will give you statues & etc,
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Kansas law statue says -
All she has to prove is she has relationship with daughter or it is in the best interest of your daughter to know her.
2006-07-28 15:53:51 · answer #3 · answered by Wolfpacker 6 · 0⤊ 0⤋
i have study on grandparents going to courtroom for visitation rights and none of well known the grandparents in the top. somewhat the merely human being that a mom shouldn't and legally can't deny get entry to to is the baby's father except there's a valid concern to the baby's welfare.
2016-11-26 21:45:51 · answer #4 · answered by levy 4 · 0⤊ 0⤋
Check out the laws in your State, I know they do have rights in texas. Most Attorney's will give advice over the phone - you only pay if you hire them - Hey - regardless of your situation, you/ya'll made them grandparents, let them enjoy that right
2006-07-28 15:53:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋