A friend called me worried about some things that she's being threatened with:
1. Her dad died a couple years ago, and he took out a loan for her car. The loan only had his name on it, and the only place that her name was on there was under purpose of the loan. After he died the loan was her step mom's responsibility. Now her step mom is threatening to sue. Does she have a case? (Her relatives gave her step mom money to give to her, but her step mom kept it, which is why she woll not pay her back)
2. She has two daughters and they are threatening to take them away from her. She lives paycheck to paycheck and that's not a crime. Her kids are fed, clothed and have a roof over their head. There's no abuse mentally or physically. They say they have "Grandparents rights." I am pretty sure that's a crock, but I just thought I'd ask. There's no way her kids could be taken as long as they are being cared for? And there's no way they could get visitation under "Grandparents rights" correct?
2007-05-29 13:24:24 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Question for a friend:
1. Her dad died a couple years ago, and he took out a loan for her car. The loan only had his name on it. After he died the loan was her step mom's responsibility. Now her step mom is threatening to sue. Does she have a case? (Her relatives gave her step mom money to give to her, but her step mom kept it, which is why she woll not pay her back)
2. She has two daughters and they are threatening to take them away from her. She lives paycheck to paycheck and that's not a crime. Her kids are fed, clothed and have a roof over their head. There's no abuse mentally or physically. They say they have "Grandparents rights." I am pretty sure that's a crock, but I just thought I'd ask. There's no way her kids could be taken as long as they are being cared for? And there's no way they could get visitation under "Grandparents rights" correct?
**Edit: Live in Wisconsin, Her car was totalled a year ago, and the step mom doesn't support her.
2007-05-29 13:34:42 · update #1
Regarding grandparent visitation…
Wisconsin statutes
767.43 Visitation rights of certain persons.
1) Petition, who may file.
Except as provided in subs. (1m) and (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child.
2007-05-29 15:14:39 · answer #1 · answered by kp 7 · 0⤊ 0⤋
If HE did not own the car, he committed fraud when he got the loan. The step mom is NOT liable for the loan, but anything she inherited from him could be taken to pay the loan. Unless HIS name is on the title to the car, I don't see how the step mom has any grounds to sue. "grandparents rights' are generally not recognized by the courts. In order to take custody from the mother, they would have to show she is unfit to care for them. Simply showing they could provide better is not enough.
Edit: I just saw that the car was totaled. Even if the dad's name was on the car, the most I think the step mom could sue for is return of the car. That is a none issue at this point.
2007-05-29 21:15:53 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
Who is the step mother going to sue and why? if it's about the car loan and the step mom doesn't pay it then your friends car will be repossessed.
If she is suing to see the kids, let her. There are no grandparent rights if children are being taken care of. Also, she's a step grandparent. However, if this stepmother has been supporting the grandkids, she may indeed have rights.
2007-05-29 20:30:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes grandparents can sue to have vistation rights in some juristdictions (not the step mother).
As for the loan tell her not to worry about., she is not responsible for it. She didn't signed anything so she has nothing to do about it, unless there were some agreement for her to keep paying it. The step mom can sue anyone but that doesn't mean she can win.
2007-05-29 20:47:56 · answer #4 · answered by ? 7 · 0⤊ 0⤋
Next time stepmom calls tell her because she didn't file probate she's up the defication creek. The car was part of probate and by not filing she screwed herself.
As for the children, they only qualify if the father of the children is deceased. In that case, they can file third-party visitation.
So, where is daddy?
2007-05-29 20:43:10 · answer #5 · answered by hexeliebe 6 · 0⤊ 0⤋
def. matters what state you live in
2007-05-29 20:28:26 · answer #6 · answered by Kevin C 1 · 0⤊ 0⤋