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Grandparent Rights

Hi everyone! I have an almost 3 year old son. My Mom gets mad at me because I refuse to let him stay over night at her house (almost an hour and a half away). She drops by my house whenever she wants to try to get my son, and gets mad if my son, hubby, and I already have plans to go out, or if my hubbys parents had already set up a playdate with him a few days in advance. I just wanted any info about Grandparent Rights in Alabama. My Mom has drug paraphernalia charges against her, and takes a regiment of several pain meds along with other meds everyday, some several times a day. I know that she is still smoking drugs, but she denies it when I ask about it. I'm not trying to take my son completely away from my Mom, but I would like her to call me atleast a day in advance (so she doesn't drive to see us when I'm at work, school, etc.) and then just play with my son at my house. My Mom has made a comment once before about getting a lawyer because of the situatation. Any info would be great!! Thanks and have a great day!

Answer Question
 
bjones2552

Asked by bjones2552 at 4:11 PM on Feb. 15, 2011 in General Parenting

Level 4 (31 Credits)
Answers (13)
  • depends on your state i think.... In my state i'm pretty sure grandparents have no rights maybe you should contact a lawyer of your own.
    Finkette

    Answer by Finkette at 4:14 PM on Feb. 15, 2011

  • Thanks..if the issue persists thats my next step.
    bjones2552

    Comment by bjones2552 (original poster) at 4:15 PM on Feb. 15, 2011

  • Grandparents can only obtain those "rights" if they go to court to appeal for them.
    Otherwise you set the rules Mama.
    If she were to take you to court she still wouldn't get to decide when she would like to see him...it would go by a visitation schedule.
    You would also be able to voice your concerns to the judge regarding her drug use.
    But becareful what you say...you don't want to slander her.
    Only use information that is provable...such as past drug treatment programs (if she's been in any).
    Missikat75

    Answer by Missikat75 at 4:15 PM on Feb. 15, 2011

  • I agree that it depends on the state, but i do think most of them have grandparent rights. It doesn't sound like she has much of case to be able to get rights to take your son over night though. Hope that helped, good luck!
    myree85

    Answer by myree85 at 4:15 PM on Feb. 15, 2011

  • Seriously?? I think with her history she'd have no rights and really, I can't believe such laws would exist in a situation like this.. ugh..
    maxsmom11807

    Answer by maxsmom11807 at 4:16 PM on Feb. 15, 2011

  • Grandparents have no rights in any state. The only time they do have rights is if one parent is deceased and they want visits with their grandchild. Then they have to establish proof of an ongoing relationship that is being ruined by not seeing them. The only other way grandparents have rights is if juvenile court gets involved, then cps gives them first dibs basically at custody.
    gemgem

    Answer by gemgem at 4:16 PM on Feb. 15, 2011

  • It depends from state to state. Here in Louisiana, there are no grandparent's rights...as far a the grandparent's trying to take the child or gaining visitation, unless the parents are proven un-fit. If your mother has drug charges against her I would think that she wouldn't have a leg to stand on in any situation regarding any rights to a child.
    KennsWifey

    Answer by KennsWifey at 4:17 PM on Feb. 15, 2011

  • Let her get a lawyer then..you're not denying her the right to see her grandchild..its up to the parents on who the child stays overnight with..my parents were going to go for grandparents rights when my brother was fighting his ex in court to see his kids bc she was denying him visits..if you're worried, call a lawyer and get a phone consult. It's not fair to you or your family the way she is acting. Honestly, I don't think she has a leg to stand on if she even wants to get a lawyer..goo luck though! I hope everything works out.
    mom_to_kenzie

    Answer by mom_to_kenzie at 4:18 PM on Feb. 15, 2011

  • Thanks so much ladies!
    bjones2552

    Comment by bjones2552 (original poster) at 4:19 PM on Feb. 15, 2011

  • Call a lawyer. Ask if their is any grandparents rights in your state.
    louise2

    Answer by louise2 at 4:26 PM on Feb. 15, 2011

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