I have two daughters. One from my abusive 1st husband who has moves 3 states away. My 2nd daughter is from my current marriage. from out of no where,,,,my ex's mother is now harrasing me to have visitation with "both" grandaughters. remember 1st husband very abusive,,,now has 4 other daughters from 4 other women. His mother, my ex mother inlaw....my 1st borns grandmother is now calling me harrasing me to see my daughter, both her and her husband are prescription drug abusers. Not a houlsom enviroment for my 7 year old daughter or my 1 year old daughter. I tell her I have moved on,,,,,,,please let me be and let me provide the proper life and upbringing for my two girls. Now she calls my husband at his workplace,,,threatening to take us to court for grandparents rights..I dont wany my daughters to have anything to do with their drugs,,,unemployemt,,,basiclly I compare them to "jerry springer" people,,,,can you advise me on how to handle this situation???
2007-11-30 14:32:10 · 10 answers · asked by ~~Penny~~ 5 in Family & Relationships ➔ Marriage & Divorce
Grandparents have ZERO rights in every state of the union. Most custody laws are based on palceing priority with bilogy and favors the primary parents, only going to extended family in a few cases. If the child has two parents, esp if one is the bio, THEY HAVE NO CASE. Your husband's employer can also file complaints against them if they continue this behaviour.
2007-11-30 17:08:13 · answer #1 · answered by kttphoenix 5 · 0⤊ 0⤋
Even if these people don't have the money for pursuing this, there may be a lawyer willing to help them out. I know from experience that some judges will let an unemployed, drug addict, alcoholic visit minor children. I don't mean to worry you, but. It happened in my case. Anyway, have your husband's boss write on the company lettehead, that this person has been calling your husband at his place of employment and harrassing him. This might help out in court if it does come to that. You being far away from them, they would have to drive to visit the kid(s). There is no reason you would have to bring the kids to them. Hope it all works out for you.
Good luck.
2007-12-02 09:21:19 · answer #2 · answered by schmoopie 5 · 0⤊ 0⤋
Grandparents really have no rights...lol I'm going through a custody thing right now and my soon to be ex husbands mom in the beginning was threatening me with her grandparents rights bullsh*t. I told my attorney about it and he pretty much laughed because as my opening sentence says "grandparents really have no rights". He told me unless both biological parents were screwed up, and the kids needed a new home, she wouldn't have a chance in hell pulling that crap. Ignore her and let her make her threats. My mother in law must have found out the same information because she finally stopped harassing me...lol She is emotionally, mentally, and physcially damaging to my son. She only gets to see him when his father picks him up which is RARE. She had my son on like 3 different asthma medications when he didn't even have asthma!!! She is a total hypochondriac and looney broad.
Good luck to you.
p.s. I live in California, and I know SOME states may have different laws.
2007-11-30 14:53:53 · answer #3 · answered by grneyedgrly 4 · 1⤊ 0⤋
Grandparents don't generally have rights when it comes to visitation.
"The simple answer is "yes, but". The "but" is due to the limitations under which grandparent visitation can be ordered by a court. Grandparents typically may join an action between the parents, or even start an independent action, for the purpose of obtaining a court order for visitation with grandchildren.
The problem is that the grandparent may have to prove to the court that harm will occur to the grandchild in the absence of visitation. Since it is typically viewed that parents have a fundamental right to the care, custody and management of their child, only a compelling interest would be sufficient to allow a state (via its courts) to interfere with the parent's right to raise his/her child without such interference. This may be difficult to prove, since the grandparent has the obligation to prove that harm will result to the child's health and welfare should the court not order the parents to allow visitation with the grandparent. This is a difficult burden of proof to sustain."
2007-11-30 14:36:31 · answer #4 · answered by lady_phoenix39 6 · 3⤊ 0⤋
I was always told that the Grandparents Rights only kick in when the biological mother and father are not in the picture--deceased, etc. I had a similar fear w/ my own mother and nothing has ever come of it. If these ppl are that bad, do they really have the money to fight you in court and further, what judge would let a druggie jobless individual visit w/ a minor that doesn't even know them? I hope that things get better for you!
2007-11-30 14:39:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I'm not a lawyer, but grandparent's rights in this case would only apply to the 1st child... they have no relation to your second. That being said, the drug abuse alone is reason enough that the courts will not allow them to have unsupervised visitation at the least. It doesn't sound like they have much of a case... nor the $ to pursue such.
2007-11-30 14:42:22 · answer #6 · answered by sunshine 5 · 0⤊ 0⤋
you need to get your self a Law-er. Do not let people tell you there is no shush thing as Grand parents rights because I seen it on Opera on day. So you need to get a Law-er to check them out and declare them unfit grand parents and along with a restraining odder to keep them from calling you.
2007-11-30 16:00:06 · answer #7 · answered by Anonymous · 1⤊ 0⤋
What she is doing is harassment and can be thrown in jail for it. Tell them if they call one more time, you will call the cops.
2007-11-30 14:37:09 · answer #8 · answered by RedRabbit 7 · 2⤊ 0⤋
Get yourself a good lawyer quickly.
2007-11-30 16:09:26 · answer #9 · answered by Alwyn C 5 · 0⤊ 2⤋
You need an attorney!
2007-11-30 14:37:24 · answer #10 · answered by box of rain 7 · 2⤊ 0⤋