Topic: Grandparent rights?
July 18, 2019 / By Florrie Question:
My sister is married, had a little boy 9 months ago & he has Downs Syndrome. Her mother in law comes from Arizona twice a year. My sister & her don't get along. The mother in law refuses to see the child at my sister's home & instead wants to pick him up to take him to her other son's home. My sister is very protective of her son & the in law knows nothing about Downs. My sister told the in law that she wasn't going to take her son anywhere, if she wanted to see him she could do so at her home.. The mother in law told her that she would be hearing from her lawyer... Sister is very upset. Just wanting to know if anyone is familiar with any grandparents rights.. She doesn't mind if the in law see's the child she just doesn't want her to take him anywhere. Please help....
My sister & her husband get along great until she comes around. She started a fight at their wedding reception. She always wants attention. The problem is her husband works 3 hours away 6 days a week. Instead of calling my sister the MIL calls her son & asks him. Then calls my sister to tell her that "HER SON SAID SHE COULD PICK THE BABY UP" He is a total momma's boy & she didn't raise her 3 boys, their dad & step mom did. She was out whoring around & doing drugs. The Father in law said that if she took this to court he would stand 100% behind my sister because he took her to court 15 times in 1 month when their kids were small.
Child is not being used as a pawn, she just knows how the MIL is.... She is a selfish person & she doesn't want her son with a disability leaving her house when he doesn't know the woman. He has seen her twice since he was born May 2006. She doesn't even call to check on him or her son. She is a very selfish person...She has already ruined 1 of her son's marriage... She does this to hurt my sister, because she knows that she doesn't even let our mother take him anywhere. If our mom wants to see him, she goes to where he is and there is nothing more said about it... I live not even 5 miles from her & if my family wants to see the baby we go there. Her kids her rules.....We live with it. Why can't the MIL from He**???
Best Answers: Grandparent rights?
Damia | 6 days ago
I have no expertise in this area at all, but it seems to me that as long as they are willing to allow the MIL to visit the child in their home, the MIL has no grounds for a legal claim. Your sister, bless her heart, has a special child to raise, not to mention the fact that he is an infant. As the mom to a little boy who also has Down syndrome, you can bet I wouldn't allow the child to be taken from my supervision. The child probably does have some special needs, such as low muscle tone, maybe feeding issues, etc. Honestly, if the MIL wanted to push the issue, I would probably file for a restraining order. If your sister feels like she wants to cover herself, she might wish to write a letter, sending it certified mail, explaining the terms in which she will allow visits (i.e., in the child's own home with one or more of the parents present) and mention the special care that the child needs, not only as a child with DS, but as an infant in general. That way, she has proof that she is not being unreasonable.
Good luck, and thank you for standing up for this family!
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Originally Answered: Can I sue to have grandparent rights and parental rights terminated before my baby is even born?
Although you might be able to get those in the forefront of the anti-abortion movement to help you prove the point in law that an unborn, non-viable fetus is a human being for this purpose, I think it's a waste of time.
On the other hand you should be thinking now of "applicabloe law". You have a unique opportunity -- assuming you have the money to do so -- to move to a jurisdiction that will give you the legal result you want: to get rid of the putative father and his family.
Two criteria determine almost everything regarding parental and children's rights: (1) the best interests of the child and (2) the habitual residence (not the domicile) of the child. And the child's "habitual residence" is defined as the child's residence for the past six months (except that removal of the child from that place without the consent of the other parent won't be given effect). For a newborn child the habitual residence is the place where the mother lived at the time of the child's birth, absent any contrary common understanding of the parents.
That habitual residence rule (which may conflict with the law of domicile, but in the USA usually doesn't) derives from The Hague Convention on Child Abduction.
All of this is important because different jurisdictions have different laws, and some will be more helpful to you than others. When I did a study on this a couple of years ago, for example, California was a better place for the pregnant woman to settle than New York or England. The concern then was child support as well as custody. The woman had a connection with all three places, and could afford to move to whichever helped her case the most. Also, immigration law wasn't an issue.
On that latter score, you might think -- if it's feasible -- about giving birth in Canada. To explain why would take another essay.
By law, Grandparents have no rights. Tell your sister not to let the MIL intimidate her and that she and her husband MUST get on the same page. The MIL is manipulative and playing her son against your sister. He needs to tell his mom that she MUST visit the child at his home when he is there. That will really cut down the time she has to be with the child since he seems to never be home. If her husband won't follow through on this then your sister just needs to be as rude as the MIL and just say NO, that she doesn't care what her husband says, the answer is NO.
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If there is a place for supervised visits in your sister's area then perhaps she could arrange for the visits to take place there. My good friend and his wife actually have temporary custody of their granddaughter and have been fighting with their daughter for permanent custody due to substance abuse issues. The courts here have given them custody for the time being but they have a long and costly legal battle on their hands. If they are not granted permanent custody I know that they will have visitation rights. At present their daughter is only allowed supervised visits and this has worked out well for both parties and that is why I am suggesting this for your sister's child also. She may also be wise to speak with an attorney and see what he feels is in the best interest of the child (which after all is the most important thing here and not how well her and the in law get along). If her and her husband are together and/or on friendly terms perhaps she can speak with him and somehow he can speak with his mother and also try and dictate where the visits will take place. Best of luck to your sister in this matter and hopefully with some legal advice she will be able to sleep more soundly at night.
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Your sister is doing the right thing. She has offered to let the grandmother see her son, and she refused. That's her choice. She really has no rights, unless maybe your sister is seen as an unfit parent (which it doesn't sound like she is). However, just to be safe, I would consult a lawyer or look it up on your state or county's website to see about grandparent's rights. If you're really concerned, you might want to try contacting the mother in law through e-mail or recording phone calls so you have a record of what your sister and her mother in law say, although I'm sure it won't have to come to that pont. Good luck : )
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Hello, I live in Texas & I watch alot of news channels & read all kinds of newspapers, that I know of their is no such thing as grandparents rights, but in a different state it wouldn't hurt too just ask a lawyer too be on the safe side . I beleive the mother of the 9 month old is right & I would be doing the same thing she is his parent & parents have all rights unless they are abuseing the child in some way .The mother -in- law needs too get a grip & I also beleive that the father of the child needs too step & speak up & tell his mom that she isn't taking his or their child anywhere without his approval also .
Good Luck & Best Wishes
May GOD Bless You & Yours
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Originally Answered: How to cut off visitation rights from grandparent(s)?
Most if not all locations do not currently recognize "grandparents rights."
In some rarer situations, a third party (including a grandparent) can seek visitation rights. However, they're usually only granted if the person already has played a major role in the child's life, and if the situation is unusual. For example, if one parent has died, and a grandparent has stepped in for an extended period to raise the child, it can be in the child's interest that they later be granted visitation rights, if the remaining parent tries to keep them away.
You say you remain married, and you're still simply pregnant. The court is going to defer to the wishes of the biological parents. They're not likely to get "visitation rights." You have nothing to "cut off."