Grandparents rights?

Question

My ex doesn't see my children or pay child support on them. His mother is a few french fries short of a few happy meal to say the least. She has never seen my kids and if I have my way she never will. Recently, she went into my mom's work and told her that she was going to sue me for grandparents rights. Before I ever had the kids, they are police reports from where she broke into my house and would follow me every where I went. My oldest son is going to be 9 in a few months and the youngest is 4. I have them going through therapy for the abuse that her son put them through. What exactly has to be proven in order for a grandparent to get vistiation? We have already spoken to an attorney about my husband adopting my kids and my kids have no idea that this woman even exsists

Answer 1

Grandparent rights are for those grandparents that already have an established relationship with the child, when mom/dad get angry with grandparents and then try to keep the children from them. The courts will consider what is in the best interest of the children, and whether it would be more detrimental to them (the children) to be forced into seeing their grandmother or not. Biological ties do not in constitue a right to see the children. Parents wishes are usually adhered to, and you have a strong case of past criminal offenses by this woman on you, obvious mental health issues, and abuse at the hands of her son/the childrens' father. She has no grounds at all. And no lawyer in his right mind would take her case. there IS no case.

Answer 2

Since you have custody of the children, the grandparent would have to prove you are an unfit mother. She would have to prove she is a better caregiver than you are. She would have to prove the children are in danger living with you. She would have to prove that you abuse your children. Granted, all she would have to do is call Child Welfare and they would look into it, but once they were pleased, she would be told where to go if she made any future complaints.

I would say you have nothing to worry about. If she is a few french fries away from a happy meal, then she wouldn't be given custody anyhow. Also, you have a supporting husband who is willing to adopt the children, so that is a good thing, and it pretty much gets her out of the loop anyhow.

As far as rights to see the kids, I don't think she has any. If her son gives up his rights to the children, I would say it pretty much gives up her rights as well. However, even if she takes you to court, the judge will probably only grant her supervised visits, if at all. So I wouldn't really stress over this.

Answer 3

Sorry bout what your going through... I use to wonder about the same thing.. My son has lost his father just a Little over 8yrs and I was gong through that too. And I didn't mind if they seen him or not. That was their choice... So I think that the only way that the grandparent rights works is if the other parent has passed.. But every state is different. Your gonna want to check in to the court system. Shouldn't be a big deal. I never ended up gong go court.. As soon as I said lets go. Then they backed down because of their pasts. Plus they would of looked like asses anyways. I love my son, and yes I let them see him. No need to go to court. You do not have anything to worry about.....

Answer 4

Wisconsin Statute 767.40 3, before 767.245, grants for "smart visitation rights" for grandparents, super-grandparents or different persons who've maintained a courting with a newborn that's resembling a be sure-newborn courting. The court is directed to behave interior the terrific activity of the youngster and to think approximately the purposes of the youngster every time possible. a definite grandparent visitation provision pertains to "non-marital" toddlers. This particular provision would not require the presence of a be sure-newborn courting for a grandparent to win visitation. incredibly, the grandparent ought to have maintained a courting with the youngster or ought to have tried a courting with the youngster yet been prevented from doing so by the youngster's custodial be sure. to boot to thinking the terrific activity of the youngster, the court additionally must be chuffed as to the paternity of the youngster and additionally must discover that the grandparent will abide by judgements made by the youngster's mum and dad on the subject of the youngster's "actual, emotional,academic or religious welfare."

Answer 5

First, if the father isn't on the birth certificate- she has 0.0 rights. Nothing AT ALL. I use to work w/ vital records & adoptions until this April, I know. If the father is on the record, and you have him taken off- then the same 0.0 applies. I would go through with that adoption A.S.A.P. so that the father's side of the family is totally disconnected from the children. I really don't think you have anything to worry about.

Answer 6

Hard situation. You probably can stop her from seeing the kids with the police reports, but on the other hand would it do any harm to let her see the kids at your house? Your ex doesn't really have anything to do with it. I just think that kids need all the love they can get. I understand where you are coming from, it is just a tough call to make. Maybe if you speak with your minister or a counsellor or therapist that will help you to. I wish you the best in this situation. Good luck.

Answer 7

Grandparents aren't normally given any rights, I really don't think you have anything to worry about. Your husband can adopt the kids as long as the kids' father agrees to it. Once that is done - he has no rights whatsoever.

Answer 8

this woman, your children's grandmother hasn't a leg to stand on (except if your ex is in jail).

i don't think that people can sue for grandparents' rights, otherwise.

i'm glad your kids have attended therapy. that shows you're a good, sensible mother.

take care... do your best to ignore the woman if you are not considering letting her visit.

Answer 9

My you are a controlling B and all your problems are caused by others to boot. Your kids are going to hate you in the end. I can see why the ex never comes around. I think you are the one who is a few french fries short. You should have been artificially inseminated if you just wanted a sperm donor.