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Current Events & Hot Topics Current Events & Hot Topics

Grandparent's Rights

Posted by on Apr. 1, 2013 at 12:20 PM
  • 371 Replies
So I'm bored sitting in my doc's waiting room. There is a conversation going on: this woman hasn't seen her grandson since January, and some of the other patients are aghast. They're saying that grandparents should have the same rights as parents, and encouraging her to sue for her rights. This is Kentucky, I'm not even sure that's possible here.

Thoughts on the rights of parents versus grandparents?
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by on Apr. 1, 2013 at 12:20 PM
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Replies (1-10):
carlyshort
by on Apr. 1, 2013 at 12:23 PM
6 moms liked this
Parents triumph grandparent.
A parent should make in good faith an effort not to keep grandkids away, especially if there isn't an bad history there.

If grandparents child died and they want to see their surviving child's child, yes. They should be able to sue for rights if the other parent is closing them out.
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romalove
by Roma on Apr. 1, 2013 at 12:26 PM
34 moms liked this

Grandparents have no rights to their grandchildren as far as I am concerned, I don't know the individual state law.  If I, as the parent, do not want them visiting with relatives, then they shouldn't be forced to do so.


Mommy_of_Riley
by Jes on Apr. 1, 2013 at 12:26 PM
18 moms liked this
It's legal in some states (which I find COMPELTELY absurd).

The only people with rights to my children are myself & my husband. The End.
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talia-mom
by Gold Member on Apr. 1, 2013 at 12:26 PM

There are none.

furbabymum
by on Apr. 1, 2013 at 12:28 PM
11 moms liked this

 There are people out there who use their children like pawns in a chess game. My sister is one of them. I think stable grandparents should fight for the right to see their grandkids for the kids benefit. These kids need to know that they are loved and that someone is there when they need them.

acrogodess
by Silver Member on Apr. 1, 2013 at 12:29 PM
2 moms liked this
These are grandparents rights as listed by Kentucky:

1.
Procedure

In Kentucky, a maternal or paternal grandparent can file for visitation rights if the grandparent is being denied reasonable access to the grandchild. The legal relationship between the child and grandparents has to be documented by birth certificates of the parties involved or other legal proof, and the grandparent must petition the circuit court in the county where the child lives. In order to be awarded these rights, the grandparent has to prove that the visitation would be in the best interests of the child.


2.
Best Interests of the Child

There are many factors a court weighs when determining what is in the best interests of the child. In Kentucky, common issues reviewed by the court include the attitude of the custodial parent toward the grandparent asking for visitation and what type of conflict may be created by awarding these rights. The court also will examine the existing relationship between the grandparent and the grandchild, the child's preference and the mental and physical health of all parties involved.


3.
Reasonable Visitation Rights

Grandparents are generally awarded "reasonable" visitation rights in this state. Reasonable visitation rights are when the visits are scheduled and worked out between the parties involved, rather than a fixed visitation schedule, when the days and times for visits are spelled out in court. If the visitation is insufficient or the grandparents are still being denied reasonable access to the grandchild, the grandparents can return to court to have the visitation modified. In cases where the grandparents live out of state, the visitation scheduled can be modified to include broader stipulations like weekend visits.


4.
Issues

A grandparent's legally established visitation rights are not negatively affected if the parental rights of the son or daughter who is the parent of the grandchild are terminated. If the parent who is the child of the grandparent dies, the grandparent can still file for visitation rights with the grandchild if that grandparent has assumed any child support obligations the deceased parent had. These visitation rights may be more broad than the standard grandparent visitation rights and equal to what a non-custodial parent typically receives in Kentucky. If the visitation is not granted, the grandparent is not legally obligated to continue the child support.


5.
Exemptions

If a child is adopted by someone other than a stepparent, the grandparent's visitation rights are automatically terminated. If a grandparent's child had his or her parental rights to the grandchild terminated due to abandonment, the grandparent can be denied visitation rights if the petition for these rights is not filed within five years of the termination. Grandparents who did not have a relationship with the grandchild before filing for visitation may still receive rights, but the custodial parent can ask that the visits be supervised.


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MamaJess9
by Bronze Member on Apr. 1, 2013 at 12:29 PM
20 moms liked this
Grandparents having the same rights as parents is just insane. The only situation I can think of where I think a law would be justified in forcing grandparent visitation would be in a case if one parent being deceased and the living parent doesn't get along with the deceased parent's family.

If someone doesn't want their own parents around their child, there's probably a reason and that should be their decision.
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Carpy
by Ruby Member on Apr. 1, 2013 at 12:30 PM
Don't even get me started. All I can say is Berryhills.
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mamaslove4ever
by New Member on Apr. 1, 2013 at 12:33 PM
In nebraska grandparents can sue and win the majority of the time. Same with Illinois
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MrsImperfect
by Bronze Member on Apr. 1, 2013 at 12:35 PM
17 moms liked this
My mil caused us all kinds of problems. Tried to ruin our wedding. Spread rumors about me. Made our lives hell. When our daughter was born, who she said she didnt want cause she didnt want to be a grandmother nor me be the mother of it, wanted to storm the hospital. We didnt let her around. She wanted to come to the hospital and demand to see the baby and cause a scene if need be cause she has rights! Nope. No grandparents rights here. I checked beforehand. With my oldest son my parents wanted to take him from me before he was even born. I was 18 and they didnt like the father. If they had rights they would of tried to destroy my family cause they're controlling. So no grandparents should not have rights. Some are just plain crazy.
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