Grandparent rights?

Question

My sister is married, had a little boy 9 months ago & he has Downs Syndrome. Her mother in law comes from Arizona twice a year. My sister & her don't get along. The mother in law refuses to see the child at my sister's home & instead wants to pick him up to take him to her other son's home. My sister is very protective of her son & the in law knows nothing about Downs. My sister told the in law that she wasn't going to take her son anywhere, if she wanted to see him she could do so at her home.. The mother in law told her that she would be hearing from her lawyer... Sister is very upset. Just wanting to know if anyone is familiar with any grandparents rights.. She doesn't mind if the in law see's the child she just doesn't want her to take him anywhere. Please help....

My sister & her husband get along great until she comes around. She started a fight at their wedding reception. She always wants attention. The problem is her husband works 3 hours away 6 days a week. Instead of calling my sister the MIL calls her son & asks him. Then calls my sister to tell her that "HER SON SAID SHE COULD PICK THE BABY UP" He is a total momma's boy & she didn't raise her 3 boys, their dad & step mom did. She was out whoring around & doing drugs. The Father in law said that if she took this to court he would stand 100% behind my sister because he took her to court 15 times in 1 month when their kids were small.

Child is not being used as a pawn, she just knows how the MIL is.... She is a selfish person & she doesn't want her son with a disability leaving her house when he doesn't know the woman. He has seen her twice since he was born May 2006. She doesn't even call to check on him or her son. She is a very selfish person...She has already ruined 1 of her son's marriage... She does this to hurt my sister, because she knows that she doesn't even let our mother take him anywhere. If our mom wants to see him, she goes to where he is and there is nothing more said about it... I live not even 5 miles from her & if my family wants to see the baby we go there. Her kids her rules.....We live with it. Why can't the MIL from He**???

Answer 1

I have no expertise in this area at all, but it seems to me that as long as they are willing to allow the MIL to visit the child in their home, the MIL has no grounds for a legal claim. Your sister, bless her heart, has a special child to raise, not to mention the fact that he is an infant. As the mom to a little boy who also has Down syndrome, you can bet I wouldn't allow the child to be taken from my supervision. The child probably does have some special needs, such as low muscle tone, maybe feeding issues, etc. Honestly, if the MIL wanted to push the issue, I would probably file for a restraining order. If your sister feels like she wants to cover herself, she might wish to write a letter, sending it certified mail, explaining the terms in which she will allow visits (i.e., in the child's own home with one or more of the parents present) and mention the special care that the child needs, not only as a child with DS, but as an infant in general. That way, she has proof that she is not being unreasonable.

Good luck, and thank you for standing up for this family!

Answer 2

By law, Grandparents have no rights. Tell your sister not to let the MIL intimidate her and that she and her husband MUST get on the same page. The MIL is manipulative and playing her son against your sister. He needs to tell his mom that she MUST visit the child at his home when he is there. That will really cut down the time she has to be with the child since he seems to never be home. If her husband won't follow through on this then your sister just needs to be as rude as the MIL and just say NO, that she doesn't care what her husband says, the answer is NO.

Answer 3

If there is a place for supervised visits in your sister's area then perhaps she could arrange for the visits to take place there. My good friend and his wife actually have temporary custody of their granddaughter and have been fighting with their daughter for permanent custody due to substance abuse issues. The courts here have given them custody for the time being but they have a long and costly legal battle on their hands. If they are not granted permanent custody I know that they will have visitation rights. At present their daughter is only allowed supervised visits and this has worked out well for both parties and that is why I am suggesting this for your sister's child also. She may also be wise to speak with an attorney and see what he feels is in the best interest of the child (which after all is the most important thing here and not how well her and the in law get along). If her and her husband are together and/or on friendly terms perhaps she can speak with him and somehow he can speak with his mother and also try and dictate where the visits will take place. Best of luck to your sister in this matter and hopefully with some legal advice she will be able to sleep more soundly at night.

Answer 4

Your sister is doing the right thing. She has offered to let the grandmother see her son, and she refused. That's her choice. She really has no rights, unless maybe your sister is seen as an unfit parent (which it doesn't sound like she is). However, just to be safe, I would consult a lawyer or look it up on your state or county's website to see about grandparent's rights. If you're really concerned, you might want to try contacting the mother in law through e-mail or recording phone calls so you have a record of what your sister and her mother in law say, although I'm sure it won't have to come to that pont. Good luck : )

Answer 5

Hello, I live in Texas & I watch alot of news channels & read all kinds of newspapers, that I know of their is no such thing as grandparents rights, but in a different state it wouldn't hurt too just ask a lawyer too be on the safe side . I beleive the mother of the 9 month old is right & I would be doing the same thing she is his parent & parents have all rights unless they are abuseing the child in some way .The mother -in- law needs too get a grip & I also beleive that the father of the child needs too step & speak up & tell his mom that she isn't taking his or their child anywhere without his approval also .

Good Luck & Best Wishes

May GOD Bless You & Yours

Answer 6

I feel the same way, and as long as your sister is giving the in-laws the opportunity to see her son, I don't think she's doing anything wrong that would entitle a battle with grandparents rights. If your sister is married, couldn't her husband take the son to go visit with his grandparents, so at least the MIL can have her way, but she doesn't have the boy alone? Or is that not a possibility?

I have told my ex his family is welcome to come visit our daughter in my home, but I am by no means gonna ever let them take her on their own, as I don't trust them with her care.

Answer 7

sad to say but grandparents don't have rights. But it sounds like this woman is being selfish(the grandmother).This child has special needs and if she wants to see him bad enough, she will visit him at home. BUT some ppl also use children as pawns,As many times that I have gotten mad at my husband's family or mine,I never forbid my children to associate with family,(i do have few that are addicts that they do not see,but this is to protect them)
I do feel sorry for the grandparents that are being taken of advantage of from ppl that are using the kids to get what they want.Because now days there are alot of grandparents rasing their grandchildren,but when their children get mad ,then they come and take the grandchildren back.That's when I think we should have a law protecting the grandparents(when the children are being used as PAWNS).

Answer 8

Grandparents rights dont really exist -in a few well mediated events grandparents have been given rights only when the child lived with them for a period of time, or when the grandparents child had died and the othe parent refused the grandparents any role in the childs life. She has no say over this child and the Mother doesnt have to let him go.

Answer 9

Wisconsin Statute 767.40 3, previously 767.245, promises for "sensible visitation rights" for grandparents, tremendous-grandparents or different persons who've maintained a relationship with a baby it particularly is reminiscent of a ascertain-toddler relationship. The courtroom is directed to act interior the perfect pastime of the toddler and to evaluate the desires of the toddler every time feasible. a particular grandparent visitation provision pertains to "non-marital" children. This particular provision does no longer require the presence of a ascertain-toddler relationship for a grandparent to win visitation. instead, the grandparent must have maintained a relationship with the toddler or must have tried a relationship with the toddler yet been prevented from doing so through the toddler's custodial ascertain. to boot to thinking the perfect pastime of the toddler, the courtroom also ought to be chuffed as to the paternity of the toddler and also needs to locate that the grandparent will abide through judgements made through the toddler's father and mom touching on to the toddler's "actual, emotional,academic or non secular welfare."

Answer 10

I think your sister has nothing to worry about...pretty sure the G-ma is going to come off looking like the crazy B*I&T%C@H that she most likely is.....
It is hard enough for your sis without this woman flying in on her broom and trying to take this very precious special needs infant on a damn road trip. It's NOT her place to insist on bringing him anywhere. He needs to be with his parents unless they see otherwise fit.