When my ex-husband and I divorced, I received custody of our son. He has visitation rights for every weekend.......but each weekend, my son stays at his mom's house instead of with him. We have been apart for 5 years now, and our son has only stayed all night with him about 10 times. I was recentely hospitalized for a infection around my heart, and I spent alot of time worrying what would happen to my son if something was to happen to me. I'm sure my son's grandmother would end up with custody of him, since his father doesn't have much to do with him as it is. (he is re-married and his new wife doesn't want children....go figure) I'm worried that my parents and my fiance' wouldn't get to be a part of my son's life. My fiance' has been like a father to him, and my parents are a huge part of his life. Would they have any legal rights to visitation?
2006-10-19 16:44:15 · 12 answers · asked by kentuckygirl630 1 in Family & Relationships ➔ Marriage & Divorce
I am so very sorry that you are having these problems. It is my hope that you will regain your health and then your questions will be moot. I think you are a wonderful mother to be thinking of your son's future.
The extent of the grandparents' rights depends on the state you live in. Your fiance would not have any legal rights.
So much depends on the experience and clout of your parents' attorney compared to your ex-husband's attorney. A lot depends, also, on the wishes of your ex-husband and his willingness to have your parents visit.
I found a site that addresses grandparents' rights and has a booklet for sale that sounds authentic:
http://www.custodycenter.com/GP-CB/index.html?OVRAW=grandparents%20rights&OVKEY=grandparents%20right&OVMTC=standard
P. S. There is something else you can do, and that is to make a will. It doesn't matter whether you have much material goods. Your most precious asset is your son and you can indicate in your will who you would like to have custody of him and who you would like to have visitation rights. The judge will not necessarily follow your wishes to the letter, because your ex-husband also has rights, but this will show without question what your wishes were and that could sway the judge's decision.
2006-10-19 16:56:24 · answer #1 · answered by Serendipity 7 · 0⤊ 0⤋
As the parent with primary custody, your son would go to whomever you name as gaurdian in your will. You can have it stipulated that visitation is to remain in place as it has been and to have both the issues of visitation and support reveiwed every other year. Talk to a lawyer to be sure this is right, but I know many unified families where custody does not go to the non-custodial parent in case of death of the primary, but has gone to the step-parent or the grandparents.
2006-10-20 00:07:06 · answer #2 · answered by Annie 6 · 0⤊ 0⤋
If your husband adopts him then yes, and there are grandparent rights laws now too, you need a living will and to put these things down on peoper, and to also let you ex mom-in-law know how you feel. This is a serious matter and you will feel better knowing your wishes are known to the family (both sides)
2006-10-19 23:47:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, grandparents have rights to visitation for there grandchildren...they may have to fight for it so you might want to make arrangements now with a judge, just in case. Are your parents able to get custody if your ex does not want him?
2006-10-19 23:47:15 · answer #4 · answered by paganmom 6 · 0⤊ 0⤋
A lot of states have grandparents right
The situation that I ran into was my ex had 3 daughters before we were married. She had issues with her father and he sued her for visiation rights and won. So yes I'm sure they would have rights to see them.
2006-10-19 23:48:53 · answer #5 · answered by that_super_shy_guy 2 · 0⤊ 0⤋
your fiance would most likely not but your parents can sue for visitation if they desired it--the easiest way to avoid all the mystery is to make a will and keep it updated with YOUR wishes-it makes it harder for someone else to say they know what you wanted.
2006-10-19 23:50:37 · answer #6 · answered by rwl_is_taken 5 · 0⤊ 0⤋
Make a will, write all of this there and state what your preference would be. They would certainly have rights...
2006-10-19 23:46:10 · answer #7 · answered by venusiaint 4 · 0⤊ 0⤋
there are grandparent's rights, they would just have to file through the courts to get them
2006-10-19 23:46:28 · answer #8 · answered by L.J. 4 · 0⤊ 0⤋
I THINK THEY HAVE TO HAVE SOME LEGAL RIGHTS, BUT ITS MORALLY ADVANTAGEOUS TO THE CHILD TO HAVE A RELATIONSHIP WITH AS MANY GRANDPARENTS THEY CAN HAVE ITS GOOD FOR THEM.
2006-10-19 23:47:43 · answer #9 · answered by livinhapi 6 · 0⤊ 0⤋
your family should have first right, go to family court and find out information. good luck.
2006-10-19 23:46:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋