My husband has a 4year old son. We were recently married. My new mother in law took her grandson from the wedding to her house so he can spend the night with her. His mother said she wanted him back on Sunday morning. When his mother picked him up my mother in law gave her an attitude. Anyways needless to say my husand found out and was very mad at his mother. He does not want there to be conflict. M mother in law said she lied and now she is pissed. She told me over the phone that she will wait a few weeks then call her lawyer and sue her grandsons mother for grandparent rights. She wants everyother weekend and 2 weeks in the summer. MY husand gets his son every weekend. Is it possible for her to do this or can my husband stop it? I havnt said anything to him about it as I was just informed. He is at work and I really dont want to get him mad. I will however tell him when he gets home. I would just like an insight on the legal views of this if possible
2007-10-05 11:02:44 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Most state's have nothing in the way of grandparent's rights. Grandma will be wasting her money and alienating the child's parents. Grandma should be going out of her way to stay on Mom and Dad's good side so she does get to see the child.
As the stepmother, be careful to stay clear. Let your hubby deal with his mother and the child's visitation with grandma. You don't want to end up being the scape goat.
2007-10-05 12:07:29 · answer #1 · answered by bdancer222 7 · 2⤊ 1⤋
I believe it would depend on the state you are in. I am in New York and there used to be grandparent's rights. I believe here they have done away with them. The only reason I know this is because my aunt used to have grandparents rights to her granddaughter, but they were dropped by the courts and she was told they do not have rights any longer. The grandmother in the case you explain has no rights to her grandson. He has a biological mother and father, both of whom take care of him as set forth by the courts. Unless your mother in law can prove there is some sort of neglect or abuse going on by the mother, she has absolutely no case. No grandparent has the rights to a grandchild unless they are mandated by law, that child's legal guardian. Your mother in law's case will never hold water if she is doing it just out of spite because she had to give up an early visit.
2007-10-05 11:08:46 · answer #2 · answered by kikio 6 · 1⤊ 0⤋
The answer is almost certainly NO. Parents have control over their children under modern legal thinking, and that includes the right to decide whether or not their children ought to see their grandparents. Many grandparents are drunks, druggies, abusive, etc., and courts defer to the judgment of the parent to decide matters like that.
So, call her bluff. Tell her to go ahead and throw money away on a lawyer, because you know that the law is on your side. If you really want to mess with her, go get a restraining order against her, alleging violent, volatile, and harassing conduct on her part.
2007-10-05 11:26:24 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Given that the child has 2 involved parents and the grandmother is allowed to see the child - I don't think a court would rule in her favor. I certainly don't think they would give her 2 weekends a month and 2 weeks in the summer. She is not a parent and she does not have the same rights/visitation that is equal to a parent.
If your husband and the childs mother work together - they may be able to nip this in the bud before it starts.
2007-10-05 11:33:58 · answer #4 · answered by Boots 7 · 1⤊ 0⤋
I think the only way she could sue for grandparental rights would be if she never got to see them at all. You are right in playing the peacekeeper. If you new husband supports his childs mother, then there should be no way for that to happen. And you are a witness that she is doing this out of spite, not the well being of her grandchild.
2007-10-05 11:08:11 · answer #5 · answered by Marco V 1 · 2⤊ 0⤋
She does not have that right, no. You not only need a lawyer, you need to contact the police. You are being stalked.
2016-05-17 06:03:51 · answer #6 · answered by ? 3 · 0⤊ 0⤋
You are in quite a pickle, yes, she can do that.
In reality, you really need to stay out of the middle of this one. You would end up in the middle and get hurt yourself or damage your relationship with your husband or new mother-in-law. Good luck and let me know if I can help.
Cindy
2007-10-05 11:41:53 · answer #7 · answered by Cynthia 2 · 0⤊ 4⤋
I sure hope they can. Grandparents have a right to see their childrens children. Unless they have done something really bad why would you not want them to.
2007-10-05 11:06:07 · answer #8 · answered by Aloha_Ann 7 · 1⤊ 5⤋