Grand parent's Rights?

Question

My mother and I had a falling out about a month ago. She was showing favoritism toward my two children, refused to give my son his Halloween costume (because I wouldnt bring them to her house to go trick or treating), among other things, and we havent spoken since.

She has had her husband call me a few times in order to see the children, and I have refused to allow my kids to see them until she can learn to love both of them instead of only one. She denies having favoritism but her actions prove other wise (calling about one and not asking about the other, wanting only one to stay the night, etc)

She is now telling family members that since I am refusing to allow the kids to come over to her house, she is prepared to take this to court. Anyone ever heard of grandparents rights? What exactly is it? What 'rights' with they recieve? Are there free attorney services for cases like this? ANY information you can give me would be MUCH appreciated.

My children DO have different fathers, and the my daughters father (the child my mom doesnt want to see) doesnt like her father, and I do believe that is the reason behind all this (even though she still denies this!) I cant prove feelings, but I do have plenty of examples of her being a poor excuse for a grandmother! So hopefully if this thing does go to court, those examples will be all the help I need. The problem? I have no PROOF of these examples. Would that hurt me in court? Or will they believe my word?

Answer 1

Hmmm, this is strange, I've never heard of anything like this before. My grandparents wouldn't even pursue this type of legal action, so maybe that's why it's kind of weird to me, no offense. I'd get a free consultation from a lawyer, maybe a pro bono one who works for free and won't charge you any money just to talk to them and get advice. I hate it when they do that.

I don't really think your mom has a leg to stand on. They are technically not HER kids, so she can't take you to court and MAKE you allow her to see one. If you do end up in court, I predict that the judge may only view her in a very poor light, and she will only be embarrassing herself further, by bringing it to the judge's attention that she only wants to see one grandchild and not the other. The fact that she is only wanting to see one shows major immaturity. Do your children have different dad's or what? Not sure where your mom is coming from with this one. I wish I could say more, but I'm really at a loss for words at the moment. Best wishes and I hope things work out for you, if it does go to court, which is unlikely.

-Knowledge24

Answer 2

Historically, following the death of a child, an acrimonious divorce leaving custody with a child's former spouse, or the breakdown of their relationship with a child, grandparents have been without any legal right to secure granparenting time visitation with their grandchildren. With the aging of the population, and with increased divorce rates, state legislatures started to enact statutes which granted grandparents some rights to seek court-enforced time with their grandchildren, even against the wishes of the grandchild's parents. The circumstances under which grandparents could seek grandparenting time, and the nature and amount of grandparenting time which could be made available, varied from state to state.

In 2000, in the case of "Troxel v Granville", the United States Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed “[a]ny person” to petition for visitation rights “at any time”. The Supreme Court had little difficulty in determining that the Washington statute was overbroad. While the Troxel opinion is a "plurality" decision, meaning that there is no single opinion of the court which was signed by a majority of the Justices, the decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional. Six Justices joined opinions holding the Washington statute to be unconstitutional.

Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional. It remains possible that the Supreme Court will revisit this issue in the future, as this new generation of grandparenting time statutes faces constitutional challenge. Until that time, the circumstances under which court enforced grandparenting time can be obtained will continue to vary from state to state, depending upon each state's interpretation of Troxel, although perhaps to a lesser degree than prior to the Troxel decision.

It is likely that most statutes created or amended after Troxel will require first that there be some form of break in the parent-child relationship - perhaps a divorce, perhaps the placement of the grandchild in the custody of the grandparents, or perhaps the DEATH - and that the grandparents provide "clear and convincing evidence" that grandparent visitation is in the best interests of the grandchild. Some argue that Troxel demands that the grandparents demonstrate that the child will suffer harm in the absence of grandparental visitation, although it does not appear that a majority of states will require a showing of harm. Take a look at some of the sources, the law will vary from state to state. But in general terms the grandparents in this situation sound like they don't have much of a case.

Answer 3

I know that in Ohio there are no grandparents rights! So I would definitely see if there is in your state. But, the most contributing factor to grandparents getting visitation is lack of parents! In your case you have nothing to worry about! If you want to get a burr of your own butt you could tell her that you will have to get a restraining order if she insists on threatening you with court! You can get a court appointed attorney...but only if you qualify. I would definitely give her specific instances of when she is showing favoritism! Let her know that your children are your children and they will be loved equally by you and anyone that wants to have a relationship with them...if she can't do that then there can't be any relationship! I wish you the best of luck...mothers are hard to convince that they show favoritism!

Answer 4

I am sure this is different from state to state, but I had checked into the "grandparents rights" a few years back in Illinois. I was told by an attorney that those rights are more so for divorced couples where one of the natural parent had died. Then the grandparents of the deceased parent can file for "grandparents rights". As long as you are alive she can't do anything.

Answer 5

There actually is such a thing as grand parent rights, they are very limited, but they are there. She could take you to court for visitation. There are no free attorneys for this kind of thing, but many times you can just present your side of the case yourself, let her pay for all the court costs and everything else. She really is doing a terrible thing to your children. My grandmother believes that only boys should recieve presents and such. This caused alot of heartache for my sister and I when we were growing up. My mother eventually did the same thing you did and my grandmother just stopped giving anything to anyone.

Answer 6

Grandparents generally have very limited legal rights, and a court is not going to override your authority as a parent in this circumstance. It is up to you to decide what is best for your children. If you think that it is detrimental for your kids to be subjected to your mother's favoritism, you are well within your rights to keep them from her.

Answer 7

do not let it get to you, their are some grand parent rights, but in the majority of time, as long as the natural parents have a stable environment, the courts will not get involved and force the natural parents to allow the grand parent visitation

now are their exceptions to the general rule sure, but it does not sound like your fact pattern would merit and exception that the natural parents be allowed to raise the children as they see fit

Answer 8

None, you are allowed to raise your children as you see fit, next time she calls I would tell her

"see you in court, then"

Answer 9

No, Grandparents don't have specific legal rights to their grandkids. The right to raise your kids as you see best stops with you, as they are your responsibility.

Answer 10

She's batty. She has no rights and any competent attorney would tell her the same thing.