My mother-in-law thinks that I am trying to keep my daughter from her, which I am not I am a stay at home mom and she knows(my husband and I have told her many times) that she can come over to our house anytime she wants to. Last night she decided to go off on me about it and said that she would take me to court and get full custody of my daughter or at least have every weekend with her. Here is my question can she do that? She also has a record (1992-Battery(twice), 1992 Criminal Sex abuse(had sex with a 14yr olds) She was found guilty off all three charges. She used to be a daycare worker but after the criminal sex abuse charge she lost her license and can't work with kids at all anymore. So would the courts grant her custody or every weekend visitations? I don't like leaving my daughter alone with her.
2006-12-26 02:08:14 · 9 answers · asked by mdoud01 5 in Politics & Government ➔ Law & Ethics
First I want to congratulate and thank you for being such a great mom. Your mother-in-law's convictions are pretty recent, for one thing. If it was a case of battery when she was 18 and she is now in her late 40's I could think she has matured past that. Sexual abuse of a very young minor, however... Hm. I'm trying really hard not to think she's a sicko, and to be objective, but I am having trouble with that. That woman is clearly not right in the head. She obviously has different values and standards than you, and I think you are very brave to let her have even supervised visits with your child. It must be difficult to try to balance your fear of her and her tendencies with familial obligation. What about your husband? Is he aware his mom is... um, not average? I hope you have his support. And if not, you are still your daughter's protecter, and I hope you will continue to stand between her and hell or high water. As far as custody goes, this lady is shooting off at the mouth and is trying to intimidate you. She can't come anywhere near your child without your consent. I would be prepared for "anonymous" calls to the Dept. of Children and Families, or Health and Human Services (whichever you have in your state) that suggest you are unfit parents and so forth. Should that happen, you will likely be able to guess where they came from - and perhaps restraining orders and legal assistance will be necessary. Don't let her browbeat and frighten you into insinuating herself and her poison into your daughter's life. Any contact with this woman should be on your terms, 100% of the time. If you reach a point where you are uncomfortable with her presence, you have every right to terminate her visitations. Good luck, and best wishes.
2006-12-26 02:54:54 · answer #1 · answered by Medusa 4 · 0⤊ 0⤋
First of all, most custody decisons are based on the individual parents and THEIR rights of visitation......any family members fall into the rollover from that.
Secondly, the likelyhood of another family being considered would be if the birthparents were deceased or physically incapable of caring for this child - thus making them a legal guardian.
If she indeed has this many public records on her, cannot imagine any judge would allow her unsupervised visits with the child.
Should she pursue it, be sure you have as much paperwork of verification as you can get.
This will only secure your position of concern about unsupervised visits.
Do understand your concern but the safety of the child is the main concern here.
2006-12-26 02:14:39 · answer #2 · answered by Marsha 6 · 2⤊ 0⤋
She would be a fool to actually try and get a court to grant her custody or weekend visitations (unsupervised). Sounds like you have every right to be concerned for your daughter's safety. I think you have gone above and beyond by just allowing her to see your daughter at all because YOU could probably get the courts to prevent ANY contact if you wanted to. Look at it this way, if she takes you to court, she would (90% most likely) lose, and you wouldn't have to worry about her any more.
2006-12-26 02:12:22 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It is VERY UNLIKELY that she could ever accomplish that. The child is legally YOURS and your husband's (or ex-husbands) and her criminal record would likely get her laughed out of court. Nevertheless, I might spend $100 or so and see what a lawyer says. I would nOT lose any sleep over it, however. You are doing what you need to do - - protect the best interests of your child.
2006-12-26 02:12:00 · answer #4 · answered by jkc19452004 2 · 2⤊ 0⤋
She is blowing smoke. Tell her to go for it, and when she loses, she will be barred from seeing the kids forever. My Ex's mom screams about HER rights all the time, Truth of it is, and this is in most states, Grandparents have NO rights.
2006-12-26 02:20:17 · answer #5 · answered by Common Sense 5 · 1⤊ 0⤋
Hell no!!! Make your husband explain to his mother why you don't go over there. Tell her that your life is complicated enough with out her Jerry Springer life thrown in!! I would keep my children far away from that woman!!
2006-12-26 02:12:04 · answer #6 · answered by badneighborvt 3 · 1⤊ 0⤋
the rights no theory, google it. if he's no longer on the BC he have dna attempt finished, for all the rest, it is going to wind up with finished custody for you. i extreme doubt she gets him for statutory rape, she ought to be under the age of consent.
2016-10-06 00:54:55 · answer #7 · answered by ? 4 · 0⤊ 0⤋
i donot know the answer to the custody thing but can u realy do that..... take away a child from its parents. i would not think you could. well i would not leave my child alone with her. that is creepy! good luck :)
2006-12-26 02:12:44 · answer #8 · answered by lilgoat 2 · 1⤊ 0⤋
i doubt very highly that any judge would grant her custody. when it comes to visits i agree with you that she needs to come to you and be supervised any time she is around your daughter.
2006-12-26 02:19:30 · answer #9 · answered by milton b 4 · 1⤊ 0⤋