My sister was dating a guy on and off for multiple years. While they were off, she got pregnant (different guy). They got back together before she had the baby (yes he kew it wasn't his)his parents wanted a DNA test to prove that the baby wasn't BF's. So got tested came back neg. After about a couple years,once again on and off.They, a few years later break up for good. She moves out w/child and lives her life. 6 months later his parents file for visitation rights. Is this for real? They aren't even related to the child ie.. DNA test proved it and the X-BF and my sis never married. Can the truely get visitation rights.
2007-06-27 11:28:38 · 12 answers · asked by greek_gdess 2 in Politics & Government ➔ Law & Ethics
Yes it is in the US ... the State of Virginia.
2007-06-27 11:41:21 · update #1
They may be able to in some states if they can prove an existing and on-going relationship with the child, and if the child recognizes them as Grandma and Grandpa.
To be sure check with your local bar association. Most have this type of information on their websites. If presented with a court summons/order be sure your sister gets a lawyer.
2007-06-27 11:34:55 · answer #1 · answered by Mel W 6 · 2⤊ 0⤋
Although Mel is the only one who gave you a halfway correct answer, he/she did not go far enough.
The grandparents have NO legal standing to file for visitation. In those states that do allow grandparents visitation, there must be an existing relationship and the death of the offspring of the party(ies) seeking visitation.
In this case, the son is still alive (I presume) and therefore, any visitation must be through him.
Now, to the bad news. As Mel hinted at, it's called a "Psychological Parent" and under that theory of law, the ex does have standing to file for visitation depending on how active he was in the child's life and for how long.
It matters not if he is the biological father. Because he developed a relationship with the child the courts allow him to seek to continue that relationship.
Therefore, although the grandparents do not themselves, have standing to file, they can be involved in the child's life through their son who DOES have standing.
2007-06-27 19:23:55 · answer #2 · answered by hexeliebe 6 · 1⤊ 0⤋
Your sister should hire a lawyer. This is nothing to trifle with.
Generally, grandparents have no visitation rights whatsoever.
Also, if they are not the grandparents and the ex-boyfriend did not adopt the child. Then he has no visitation rights either.
However, if the ex-boyfriend put his name on the birth certificate, that could create a presumption in his favor. Of course, that would also mean he owes a lot of child support.
So unless the putative grandparents want to see their own son owe a ton of child support, what gives them the right to do anything without your sister's permission? Seeing how she is in fact the only blood relative that the child has for a natural guardian.
2007-06-27 18:34:05 · answer #3 · answered by krollohare2 7 · 1⤊ 1⤋
Assuming this is in the United States, likely they cannot get visitation rights. If the child is not their son's there is little chance they will get any visitation.
Even if the child WAS their son's, it isn't often the courts will give visitation rights to grandparents.
However, if their son adopted the child or if your sister consented to let them visit it might be more compliced.
2007-06-27 18:34:05 · answer #4 · answered by tails 2 · 0⤊ 1⤋
Despite the idiotic "liberal" crack, No. It would be unethical as an attorney to represent someone trying to do this. If the situation was bad enough (ie unfit mother), the state would intervene on the childs behave and not the parents of an ex/bf!
I would be suprised if it made it passed their attorney.
2007-06-27 18:37:46 · answer #5 · answered by boscatman 3 · 0⤊ 1⤋
I'm not positive if it is possible but..
my boyfriend never knew his real father and his mother was with a man for a few years and they broke up and the ex filed for visitation and he wasnt the father and he got visitation rights because the judge says he was the only father my boyfriend knew.
2007-06-27 18:32:31 · answer #6 · answered by justwondering16 2 · 3⤊ 1⤋
They will not get visitation rights. That said, your sister is not being fair to her child to not let him continue to see people who have been de facto grandparents to him. She should do what is best for her child and let him continue to see the "grandparents". She will do permanent damage to her son this way.
2007-06-27 18:34:18 · answer #7 · answered by lcmcpa 7 · 0⤊ 1⤋
If there's legal DNA proof, then no. If they keep trying to do this, I would file for a restraining order. Something isn't right with them, if the story is as you say.
2007-06-27 18:33:31 · answer #8 · answered by -K- 3 · 1⤊ 1⤋
Logic says NO, however a liberal Judge could grant visitation for enough cash!!
2007-06-27 18:32:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if you live in the u.s.a. anything is possible.
if there looks like it could happen ask the judge to only allow supervised visits with you present.other than that i would like to think in this world that couldn't happen.
good luck.
.
2007-06-27 18:33:58 · answer #10 · answered by pbear i 5 · 1⤊ 1⤋