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grandparents rights?


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  #1  
May 5th, 2006, 09:55 AM
Mom2DyJessAva's Avatar Platinum Supermommy
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i have heard that grandparents get the rights to see there grandchild whether the parents like it or not is this true? im worried that dylans grandma(from his dad side) is going to find out about him when he is born and go to court so they could get rights to seeing him...i wouldnt be able to just hand my baby over for a weekend anyone no anything about grandparents rights???
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  #2  
May 5th, 2006, 10:34 AM
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In most states grandparents have rights to visitation only. BUT, that is if their own child, the father/mother of the minor child, is dead or otherwise out of the picture (I have seen a court case ensue when said child was over seas in Iraq, for instance; or, when said person is legally incompetent).

If the child of the grandparents, the mother/father of said minor child, is present and refuses to let said child see his/her grandparents, there are generally no "grandparents rights" to be had.
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  #3  
May 5th, 2006, 10:40 AM
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That is good to know.
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  #4  
May 5th, 2006, 07:54 PM
appifanie's Avatar Mega Super Mommy
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Quote:
In most states grandparents have rights to visitation only. BUT, that is if their own child, the father/mother of the minor child, is dead or otherwise out of the picture (I have seen a court case ensue when said child was over seas in Iraq, for instance; or, when said person is legally incompetent).

If the child of the grandparents, the mother/father of said minor child, is present and refuses to let said child see his/her grandparents, there are generally no "grandparents rights" to be had.[/b]
thank heavens. my ILs suck.
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Olivia Grace ~ October 26, 2006 ~ 6:04a.m.


  #5  
May 6th, 2006, 07:32 PM
Rachel's Avatar Just Rachel
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Actually, some states do have laws that protect grandparents. Here in Maryland, we do have that law. I work part-time for an attorney who does Domestic work and he's represented several grandparents in seeking AND obtaining visitation with their grandchildren.

If you think your IL's would attempt to do this, I would get in contact with your local bar association and see if they have a referral service for pro bono attorneys (if finances are an issue). Find out what rights grandparents have (if any) in your state. Maryland has the Volunteer Lawyer Refferal Service and I'm guessing other states would have something similar.

Good luck!
  #6  
May 9th, 2006, 08:55 AM
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Just so we are not confused, even in a state that does have laws protecting grandparent visitation, if the child of the grandparents, parent of the minor child, is in the picture and does not want his/her own child to see the grandparents, there are no rights to be had. Grandparents rights come into play when their child (parent of the minor child) is out of the picture in some form or another.
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  #7  
May 9th, 2006, 10:00 AM
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In New York, by statute, a grandparent only has standing to seek visitation with a grandchild if the child's parent is deceased "or where circumstances show that conditions exist which equity would see fit to intervene." Therefore, where a child's parent has died, the grandparent has standing to seek visitation, which will be granted if the court finds that visitation is in the best interests of the child. If, however, both parents are alive, the grandparent seeking visitation must show some circumstance justifying judicial intervention. Here is the link where I found this.

check your state in regards to grandparents visitation.
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  #8  
May 9th, 2006, 10:40 AM
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The short answer is - each state is different. Here in Fl, grandparents have the right to seek and obtain visitation wether their child (the parent) is in the picture or out. Often time the situation comes up when, for example, the father doesnt exercise visitation. Or, if the father does exercise visitation but the grandparents arent in an area where they can share the visitation time with the father.

I understand your concerns, and I know most people really dont like having to be seperated from their children, but are there any safety, abuse, or neglect situations that you are concerned about? Because aside from that, most courts look at it from the standpoint of the child - that the CHILD has the right to know their grandparents, adn more and more states are seeing hte grandparents as a vital part of a childs family and life.

You may not personally like them, but it would probably serve your children well to know their grandparents and make their own opinions as they get older.

Lala...
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  #9  
May 9th, 2006, 11:43 AM
Mom2DyJessAva's Avatar Platinum Supermommy
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I am a little worried that there going to do something like what they did with dylans sister (his dad has a daughter form an ex) although none of its true the grandma and aunt told his ex that his daughter said her dad was sexually touching her (which is a total lie and doctors couldnt find anything and also the lawyer of the mother cant even get in touch with her so shes in a little trouble) im just soo worried she is going to try and do something that would get me or dylans daddy in trouble for no reason..i no i wouldnt be able to handle having my little baby boy leave for a weekend and be 1 and a half hours away from me...and on top of that worry that something is going to happen hes my pride and joy and my world and he isnt even here yet...i do wanna say thanks to everyone who answered my question...
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  #10  
May 9th, 2006, 01:57 PM
appifanie's Avatar Mega Super Mommy
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Quote:
..i no i wouldnt be able to handle having my little baby boy leave for a weekend and be 1 and a half hours away from me...[/b]
agreed! df's parents reel him in and sucker him sometimes and he forgets what #$!*@ they are and . . . well, grr. now i just have to get him to stop forgetting how horrible they were to him.
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Olivia Grace ~ October 26, 2006 ~ 6:04a.m.


  #11  
May 9th, 2006, 02:01 PM
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Even on some off chance that they were granted visitation, no judge is going to ship a baby off for overnights with people he does not even know. Grandparent visitation is more like one Saturday a month, just for the day.
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  #12  
May 12th, 2006, 11:47 AM
Rachel's Avatar Just Rachel
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Quote:
Just so we are not confused, even in a state that does have laws protecting grandparent visitation, if the child of the grandparents, parent of the minor child, is in the picture and does not want his/her own child to see the grandparents, there are no rights to be had. Grandparents rights come into play when their child (parent of the minor child) is out of the picture in some form or another.[/b]
That is NOT the case in Maryland.
  #13  
May 12th, 2006, 12:13 PM
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Yes it is. Here are the criteria for grandparent's rights in Maryland:

Pending divorce
Parents already divorced
Parent deceased
Child born out of wedlock

If the parent is in the picture, said parent has the right to decide who his/her children will visit. If there is divorce issues/custody issues/visitation issues, etc. the grandparents can get in on the bandwagon. But not otherwise.
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First child, a boy, due August 27. Step-mother to eight year old boy.
  #14  
May 12th, 2006, 07:22 PM
Rachel's Avatar Just Rachel
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I'm gonna close this post as I think it's turned into a debate. If you care to debate grandparents rights, please feel free to do so on the debate board.
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