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Legal help fighting MIL

we haven't been letting my in laws see DS BC he told us FIL hit him.


Today DH went to talk to MIL to try and work a few things out. She told him if we don;t let them see DS she will get a lawyer and sue us to see DS.

Can she do that?

How can I fight this.

What are their rights and ours?

Help I am freaking the fuck out.

Answer Question
 
Anonymous

Asked by Anonymous at 3:28 PM on Dec. 12, 2009 in Relationships

Answers (9)
  • Why would you want to keep your son from his grandma? I hope it's not for some silly reason that is between you & her. I'm not sure if she can, but I know a judge would grill you about your decision to keep him away.
    Anonymous

    Answer by Anonymous at 3:32 PM on Dec. 12, 2009

  • She cannot win that unless she fabricates/lies about something going wrong in your household and wins custody. As long as you guys aren't abusing or neglecting your son, they don't have a leg to stand on, and that's IF she were the kind of person to make up a story.
    If she doesn't and she goes to a lawyer, she can't do anything. Grandparents don't have rights.
    PS...you may be able to get a restrainting order on the account that your FIL hit your son.
    Anonymous

    Answer by Anonymous at 3:35 PM on Dec. 12, 2009

  • In my state, there are grandparents rights. However, those would go completely out the window if the child were to speak to the judge in chambers and tell of being hit by FIL at their home. Don't freak out just yet, many use legal action as a threat. When they find out how much legal action really costs, most back down quickly. It will be OK Mamma. I don't know how long ago that it was that the child told of the FIL hitting them, but if it has not been too long in the past, see about a police report and/or restraining order. Also, not sure how old the child in question is...but there does come a point (which the age varies by state) at which time the child has a say in whether they desire to visit or not. My guess would be not if they have been hit by them and are fearful of them because of it.
    Anonymous

    Answer by Anonymous at 3:40 PM on Dec. 12, 2009

  • I have dealt with this very issue in Pennsylvania (but regarding my own mother). Each state's laws regarding "grandparents visitation rights" vary, but here in PA.

    MOST courts will dismiss such cases, unless the grandparents can PROVE that:

    1.) The parents are abusive, neglectful or harming their children in any way.
    2.) That the children have formed a close bond with the grandparents, and not being allowed to see them would be detrimental.
    3.) That the parents have been financially dependent on the grandparents for more than 12 consecutive months (including regular childcare)

    Also MOST states will not interfere with in tact families (mother and father are married and children are theirs biologically or legally).

    My mother recently fought us in court and LOST (the Judge pretty much laughed AT her)! We're now counter-suing to recoup our legal fees, and then some.
    LoriKeet

    Answer by LoriKeet at 4:15 PM on Dec. 12, 2009

  • Grandparents rights are a joke. If your MIL wins her case she will get exactly 2 one hour visits with your child each year. If both you and your dh agree that she is not to have any contact with you child, you automatically win.

    Anonymous

    Answer by Anonymous at 4:20 PM on Dec. 12, 2009

  • Why would you want to keep your son from his grandma? I hope it's not for some silly reason that is between you & her. I'm not sure if she can, but I know a judge would grill you about your decision to keep him away.

    ***
    To answer your question. Not all "grandmas" are the cookie baking, knitting, sweet and innocent type. SOME are spiteful, manipulative, alcoholic, emotionally and physically abusive, and mentally unstable!

    As parents it is OUR job to provide financially for our children and in stable, loving homes; not drama-filled, stressful situations for our children! SOME grandparents think they get automatic "do-overs" and can erase the guilt of their own inadequacies as parents by buying the affections of the grandchildren they barely know. NO THANKS!
    LoriKeet

    Answer by LoriKeet at 4:25 PM on Dec. 12, 2009

  • "Why would you want to keep your son from his grandma? I hope it's not for some silly reason that is between you & her. I'm not sure if she can, but I know a judge would grill you about your decision to keep him away."

    Read the question the child says grandpa hit him and in my book that is enough to keep the children away from grandpa and if grandma chooses to not come to our house without grandpa then so be it. As for the question at hand the chances they actually could get a lawyer to take their case is slim even if they have the money to do it and most judges would laugh and throw them out of court if you and DH are united on this and explain why grandpa cannot see the child.
    aeneva

    Answer by aeneva at 6:12 PM on Dec. 12, 2009

  • I already answered this question once. How many times are you going to ask it? Find out if your state even has Grandparents rights before you freak out. They can't take your child if you tell the judge that they hit him. Go to www.avvo.com (2 v's not a w) and ask a lawyer if you can't look it up on your own. You can also call Legal Aid and ask them.
    Anonymous

    Answer by Anonymous at 6:19 PM on Dec. 12, 2009

  • Lol....I can see my husbands parents doing that to us when we have kids.........oh well....let them because they're NEVER seeing my kids!!
    Anonymous

    Answer by Anonymous at 12:32 AM on Dec. 13, 2009

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