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Im having trouble with my mother in law and I have told her now that she's not allowed around my childre. I am wondering if she's able to get grandparents rights/visitation?

My mother in law is starting really irratate me. I have a 8 month old daughter and a 15 month old stepson. My MIL has called CPS on my husbands sons mother twice now and the first time they didn't find anything and this second time they are now contacting my husband asking for our address and stuff to start the open investigation. And from the begining my husband and I have told MIL not to get involved we were handling with our attorney and court. But she didn't listen and called anyway. Well now she has stirred the pot really bad, and I have told her she is no longer to be around my house of the children. She is dead to me and my family since she can't respect our wishes. Just an FYI my stepson has come to our house with bruises on his head but babies fall, he just started walking. I am just wondering if she takes us to court for visitation/grandparents right would she win the case? There is more, not enough space.

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Asked by haydensmom09 at 2:46 PM on Sep. 24, 2009 in General Parenting

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Answers (10)
  • Don't quote me, but I think the whole "grandparents rights" thing only applies in cases of divorce where the parents of the non-custodial spouse want to continue to be able to see their grandchildren. As far as your situation goes, I don't think the courts will care if you & your DH don't want to see his mother anymore or let your children be seen by her - your home & your call.

    Answer by mom2aspclboy at 2:49 PM on Sep. 24, 2009

  • Well, because I am not able to fully interpret the issues without all the facts, I would say if this child is her legitimate grandchild, she is actually more of a relative than you are as a step. Sorry, I would have to have all the facts straight before answering your question otherwise.

    Answer by Anonymous at 2:50 PM on Sep. 24, 2009

  • Allowing her to see your children is a privilege. She doesn't have any legal rights to them. Unless you are deemed to be unfit, there is really nothing she can legally do.


    Answer by Anonymous at 2:53 PM on Sep. 24, 2009

  • Yeah, I do believe mom2aspclboy is right. It's your call. I would be more worried about the situation at hand. The little one and the custody and making sure he is well taken care of. If you don't want the MIL around, then don't have her around. She can't keep her nose in her own business and be respectful of what you are doing anyway, so do what you have to do and take care of you and yours and don't worry about her.

    Answer by mom2BOYZnDad at 2:56 PM on Sep. 24, 2009

  • Being a grandmother is a privilege, not a right. I do wish that the law would distinguish the term "paternal mother" from "grandmother", because they are not in in the same. A woman can be the mother of your husband/SO, but that doesn't make her a "grandmother".

    You are the momma, and you make the rules. If you don't want her around your kids, that is your right.

    Answer by Fallaya at 3:21 PM on Sep. 24, 2009

  • I believe it depends on what state you live in but I know that there is such a thing and it can be a long dragged put process in court. I agree with the other mothers being a grandparent is a privilege but unfortunately the law doeesn''t always agree.

    Answer by Anonymous at 4:26 PM on Sep. 24, 2009

  • The last I heard grandparents rights only really applies when one of the child's parents is dead and the grandparents want to be part of the child's life. It doesn't usually work though even then. It depends a lot on your state. Personally I think grandparents like the one you're talking about should butt out but that's just my opinion.

    Answer by wildflowers25 at 4:45 PM on Sep. 24, 2009

  • Grandparents have no rights.

    Answer by Anonymous at 4:55 PM on Sep. 24, 2009

  • Depending on your state Grandparents have plenty of rights. However, Grandparents rights generally do not come into play unless there is a death of one of the parents, or a divorce and the none custodial parents WANTS their parent to have contact but the custodial spouse does not.

    Answer by GrnEyedGrandma at 5:40 PM on Sep. 24, 2009

  • Grandparents, in most states, have very few rights.

    Since this is your DH's mom, my advice is that you let him handle this.

    Answer by ThrivingMom at 6:06 PM on Sep. 24, 2009

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