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Grandparents Rights?

Posted by on Apr. 13, 2011 at 12:14 AM
  • 14 Replies

Does anyone know or have any experience with this issue?  Could the grandparents of a noncustodial father, who gets vistation every other weekend, be granted grandparents rights if the noncustodial father refused to take the child to see the grandparents? 

I'm asking, because my DH's parents have just crossed the line for the last time.  I will not go into detail about what they have done, but it is huge, and my DH and I decided it was in the best interest of his DD (my SD5) and any future children of ours to no longer have contact with these people.  They are volatile at the least, and we want to cut them out of our lives for good. 

That being said, I don't want them to come back and try to sue us for grandparents rights to see SD (this is what DH wants, and we've talked at length about it, too).  SD5 has not seen them since Xmas, and she only sees them on major holidays anyway.  We "try" the whole "family thing," and it just doesn't work with them.  It works with my family, who have accepted my DH as a second son!  lol  Anyway, we just don't want them to come back and try to sue us for rights to her when DH only sees her two weekends a month anyway or even sue the BM for rights.  We're in TN.  Anyone know anything about this?  If not, can you bump please until we get some answers?  We're worried sick and have had a TERRIBLE day with this and two blown out tires on the car!  :)  I'm painting a smile on my face though I just want to hide in the bedroom and cry.  They are terrible people who don't deserve to see their granddaughter or any other grandchildren they might have.

by on Apr. 13, 2011 at 12:14 AM
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Replies (1-10):
HaydensMommy007
by on Apr. 13, 2011 at 12:16 AM

 grand parent rights CAN be awarded in most states. HOWEVER, that usually only happens IF the child and the grandparents have an ESTABLISHED bond, seeing them on holidays does not count as an established bond.

They would also have to prove that they are fit.

 

HaydensMommy007
by on Apr. 13, 2011 at 12:18 AM

 what state do you live in?

JasonsMom2007
by on Apr. 13, 2011 at 12:19 AM
I wouldn't think they would qualify
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malissaL
by on Apr. 13, 2011 at 12:23 AM

Grandparents rights are rarely observed, usually only when the grandparents have been a solid fixture (as in, the kid LIVED with them previously) or when say your spouse passed away and you refused contact with the family afterward (even then It may be tough for them to have a leg to stand on) 

Make sure you are on the same page with your ex about it also. fyi, ex'es have a habit of doing exactly what we wish they wouldn't, just out of spite..

mama_cullum
by on Apr. 13, 2011 at 12:27 AM
My state does not recognize grandparents rights. You sound like my sister. She is having a hell of a time with her inlaws and she has banned them from seeing her dd.
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devasmom
by on Apr. 13, 2011 at 12:29 AM

I live in California. I did not have a personal experience with this, but a closefriend of mine did/does. This is her story...

She became pregnant at 16, the father told her if she did not get an abortion he would kill her and the baby. She filed and order of protection, cut off all contact with him and did not get an abortion. She had a mutual friend notify him when their son was born and he never showed up to see him.

Fast forward 11 years. My friend, now married, wanted her DH to adopt her son. She petitioned the court and the bio-father was notified. The documents were served at his last known address, which was his mother's address. His mother read the documents (not sure if her son showed them to her, or she read them on her own). She contacted the court stating that she never knew about her grandson and demanded visitations. The Bio-dad still wanted nothing to do with my friend's son, but the grandmother did. She was granted visitations, the petition for adoption was denied and she sees my friends son 2 weekends per month. He met his grandma for the 1st time when he was 12. It took a year battling in court before visitations were granted. It is in the order that his bio-father can have no contact with him, because of the death threats he previously made.

SarahlovesLiz
by on Apr. 13, 2011 at 12:30 AM

We live in TN.  I know some have been on here and have had their inlaws or whatever win grandparents rights, and I just don't want that drama or possbility.  :)

Quoting HaydensMommy007:

 what state do you live in?


SarahlovesLiz
by on Apr. 13, 2011 at 12:34 AM

Yeah, I've put up with them for 2 years now, which I know is not a lot compared to some families, but it was 2 years too long.  They do not need to be in our lives, and DH is on board with it now.  It's taken this long for him to realize how awful they really are.  I just feel bad that his "family" would treat him this way.  He looks up to my parents as his own more than his.  It's ridculous.  My parents say we're better off without them, too, though previously they tried to tell me to work it out with them etc.  They're all about family, no matter who it is.  I'm glad for the family I have.  :)

Quoting mama_cullum:

My state does not recognize grandparents rights. You sound like my sister. She is having a hell of a time with her inlaws and she has banned them from seeing her dd.


HaydensMommy007
by on Apr. 13, 2011 at 12:35 AM

 

  • The father or mother is deceased
  • The child's father or mother are divorced, legally separated, or were never married to each other
  • A parent of the child has been missing for at least six months
  • The child resided in the home of the grandparent for twelve months or more and was subsequently removed from the home by the parent, establishing a rebuttable presumption that denial of visitation may result in irreparable harm to the child
  • There has been a "significant existing relationship" for at least twelve months between the grandparent and grandchild. This relationship was terminated by the parent, not for reason of abuse or endangerment, with this severance being likely to cause "substantial emotional harm" to the child.
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