My mother wants grandparents visitations

Alisha - posted on 06/09/2011 ( 8 moms have responded )

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My mother is threatening me to take me to court over grandparents rights. She says she has a right to visitaions of my son who is four. He used to go over there whenever she wanted him but when he had plans I said no. Once she got mad and went off on me because she didn't get what she wanted. I had many worries about his diet while with her and discussed them all the time but she ignored him. She says im a bad mom now and only a selfish b****. I lost my temper too im bad about that but now because of what she has done since I refuse to let me son over there. I hate that he is stuck between this our relationship has always been rocky and I didn't want to expose him to that but we tried to reconcile but after a lil while it always goes back to this. I know she doesn't have these rights ive looked it up but im still worried shes gonna try to drag me to court over it. She says she even hired a lawyer. Any advice.

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Kimara - posted on 12/13/2013

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in all fairness she is ur mom.but that ends der.u r the only mother 2 ur son.so dnt let anyone make u feel guilty or as if u did something rong cz by da look of thinks its actually better if u keep him away from her n u shud prob keep away too.coz with all due respect ur mum seems to b like one of those grans who wud make u look unfit and take him away from u.im not trying to make u scared jus aware.thats fine if she want to take you tocourt.u r the mother nd as long as u know u are fit n able to be his mom no1 can change dat.u being the mom hav the complete rights to say who ur child should spend tym wd n not.if u know she cant do nothing then dats all dat matters.not 2 be evil but i think you should get a restraining order agenst her reason beng by tellin u dat she gna tak u to court dats a threat.if it does go to court which it mite.tell d judge or whoever of ur concerns n the type of relationship u had n hav wid her and you dont want to expose ur son to a relationship like dat.who wud kno a mother better than her own daughter.............dont stress my dear.im 24 years old and my son is 2 i wud wipe out the facee of the earth to keep him away from someone who is trying to takehim away.i will be praying fo you daily and for ur son dat no onewill interfere or come between u guys.il also pray for your mum to back off and let you mother ur son.GOD BLESS

Angela - posted on 12/13/2013

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GP rights depend on where you live. IN GENERAL, there are a few principles that must be followed:

1) There must be a pre-existing relationship with the child
2) The relationship must have been severed
3) There must be evidence that it is in the child's best interests that the relationship continue, and/or the child would suffer substantial harm if the relationship were not continued.

You will want to talk to a lawyer about anything more specific because whether or not these rights exist, and the exact criteria for granting of these rights, is dependent on the area. If there is no GP rights legislation in your area, I expect she likely will not have rights. If she does take you to court, I expect (again you will want to double-check with your lawyer) that if you can prove that her being around your son is not in his best interests, she will not win GP rights.

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Information Maintained by the Office of Code Revision Indiana Legislative Services Agency



IC 31-17-5

Chapter 5. Grandparent's Visitation



IC 31-17-5-1

Right to seek visitation

Sec. 1. (a) A child's grandparent may seek visitation rights if:

(1) the child's parent is deceased;

(2) the marriage of the child's parents has been dissolved in Indiana; or

(3) subject to subsection (b), the child was born out of wedlock.

(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-2

Best interest of the child; in chambers interview of the child

Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.

(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.

(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.

(d) The court may permit counsel to be present at the interview. If counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.





IC 31-17-5-3

Petition

Sec. 3. A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must:

(1) be filed by a grandparent entitled to receive visitation rights under this chapter;

(2) be verified; and

(3) set forth the following:

(A) The names and relationship of:

(i) the petitioning grandparent or grandparents;

(ii) each child with whom visitation is sought; and

(iii) the custodial parent or guardian of each child.

(B) The present address of each person named in clause (A).

(C) The date of birth of each child with whom visitation is sought.

(D) The status under section 1 of this chapter upon which



the grandparent seeks visitation.

(E) The relief sought.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-4

Venue

Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable visitation rights:

(1) in a circuit, superior or probate court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), or 10 of this chapter; or

(2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter.

As added by P.L.1-1997, SEC.9. Amended by P.L.50-2006, SEC.8.





IC 31-17-5-5

Service of petition and summons

Sec. 5. Whenever a petition is filed, a copy of the petition, together with a copy of a summons, shall be served upon the custodial and noncustodial parent or guardian of each child with whom visitation is sought in the same manner as service of summons in civil actions generally.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-6

Decree

Sec. 6. Upon hearing evidence in support of and opposition to a petition filed under this chapter, the court shall enter a decree setting forth the court's findings and conclusions.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-7

Modification of order

Sec. 7. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-8

Paternity proceedings; effect on visitation rights

Sec. 8. (a) This section applies to a child born out of wedlock.

(b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-9

Adoption; effect on visitation rights

Sec. 9. Visitation rights provided for in section 1 or 10 of this



chapter survive the adoption of the child by any of the following:

(1) A stepparent.

(2) A person who is biologically related to the child as:

(A) a grandparent;

(B) a sibling;

(C) an aunt;

(D) an uncle;

(E) a niece; or

(F) a nephew.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-10

Marriage of child's parents dissolved in another state; right to seek visitation

Sec. 10. If the marriage of the child's parents has been dissolved in another state, the child's maternal or paternal grandparent may seek visitation rights if:

(1) the custody decree entered in the action for dissolution of marriage does not bind the grandparent under IC 31-21-3-1 (or IC 31-17-3-12 before its repeal); and

(2) an Indiana court would have jurisdiction under IC 31-21-5-1 (or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or IC 31-21-5-3 (or IC 31-17-3-14 before its repeal) to grant visitation rights to the grandparent in a modification decree.

As added by P.L.1-1997, SEC.9. Amended by P.L.138-2007, SEC.35.





Source: http://www.in.gov/legislative/ic/code/ti...

Koree - posted on 06/10/2011

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In Utah there are no grandparents rights. She needs to respect your wishes and understand that your son can't come over when ever she wants him to.Hold firm to what you want, after all he is your son, and if she can't see that she stands to lose seeing her grandson because she is not getting her way, then that is sad.
Hopefully one day regardless of what happens about taking you to court, you guys can work things out so that she can be more involved with your son. I hope everything works out and you guy's can move past this.

Nicola - posted on 06/10/2011

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In the UK, a grandparent can go to court for visitation. And if you can't agree, it will be up to the court to decide how much the grandparent see's that child, which will be based on the child's plans during the week. For me personally, it shouldnt have to come to taking someone to court for visitation. You should be able to sit down like adults and sort it out and she has to realise that she cant see her grandchild whenever she clicks her fingers. Try and arrange a meeting with her and try and sort it out like adults and if that doesnt work and she does take you to court then stand your ground, be positive and always think of your childs well-being.

Alisha - posted on 06/10/2011

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In Indiana where Im from some grandparents do have the right to visitations. But from what I read it has to be under certain conditions like my sons fathers granparents would have rights to visitations because we arent' married but my mother doesn't even though she thinks she does. She is just mad cause Im not giving in to her wishes Im thinking of my son. Im not goin to let him be in the middle of some war between us. Its not fair.

Hayley - posted on 06/10/2011

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can grandparents even do that? I'm pretty sure where I'm from they have absolutely no rights whatsoever

Louise - posted on 06/09/2011

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Stand up for yourself. if you are positive that she has no rights where you live then let her hire a lawyer and waste her money. If you and your mother do not get on your son is better off away from her because if she does not listen to you about your sons diet which is important it wont be long before she is bad mouthing you in front your kid. Let her do her worst, she has had her chance and blown it.

If you want your son to have access to your mum than that is different, but you need to mend your relationship first and she has to do as you ask with regards your son.

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