Dana_Lynch
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I am trying to learn more about grandparent laws? What are their rights?
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grandparent laws
- Thread Starter Dana_Lynch
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Dana Lynch said:
There wil be a GREAT AMOUNT on that topic placed this month. I have just finished dealing with a case, pro bono, dealing with grandparents who seized their grandchildren because they didn't like the way they were being raised. In most instances it involves the right (or rather limited right if any) to visitation. Sometimes it involves a grandparent fighting for control of minor children from their own child due to neglect, abuse, etc. This is a difficult topic and controversial.
It looks like this will happen in April. We've just bought a new software package to handle support requests, knowledge base, and also the content management.
Can you give us more info? A grandparent just cannot sue for visitation and expect it. It is given generally when proven to be in the best interest of the kids.
I am not an attorney but my laymans view is, a grandparent has no rights to the kids if both parents prohibit it UNLESS they can prove the kids are being abused or neglected. Wanting custody just because you don't like the way they are being raised is not good enough.
Generally if a grandparent is heavily involved in raising a child, then for whatever reason loses visitation or custody, perhaps a court will see they have rights. But in cases where both parents prohibit visitation and a relationship and the grandparents cannot prove the kids are being abused, I say G-parents should have no rights in this case.
A capable mom and dad should have the final say on who sees their kids.
The law in NY has allowed many frivilous G-parents cases to move forward.
I am not an attorney but my laymans view is, a grandparent has no rights to the kids if both parents prohibit it UNLESS they can prove the kids are being abused or neglected. Wanting custody just because you don't like the way they are being raised is not good enough.
Generally if a grandparent is heavily involved in raising a child, then for whatever reason loses visitation or custody, perhaps a court will see they have rights. But in cases where both parents prohibit visitation and a relationship and the grandparents cannot prove the kids are being abused, I say G-parents should have no rights in this case.
A capable mom and dad should have the final say on who sees their kids.
The law in NY has allowed many frivilous G-parents cases to move forward.
Provind abuse is as difficult as it can be to prove that abuse didn't take place. Unfortunately when there are people in the system that can manipulate the process, it becomes dangerous. Take a look at this case reported here on the site:Duranie said:
http://www.thelaw.com/legal_news/child_legal_abduction_2.html
It is a true story. Unfortunately in several areas of the country someone can walk right into court and, with little substantiation, walk away with an order to remove children. I'm not saying it happens automatically in every jurisdiction but that case involved a small court and a large court in one of America's largest cities.
In that case the court placed far too much emphasis on the word of a long time guardian ad litem, who practically ran the court. It was a disgrace and there needs to be more checks and balances before such important decisions are made.
Grandparent visitation laws are definitely hot topics in all jurisdictions. A major consensus that seems to be developing among states follows the format that will prohibit grandparent intervention or visitation againt the wishes of parents who are unified in their objection, absent any harm (physical in most states) to the children.
I'm assuming the question was about grandparent visitation rights. If it wasn't, you might check this article: http://injury.legalhelponline.org/2005/12/08/grandparent-liability-for-negligent-supervision-of-child/ for a synopsis of grandparent liability for negligent supervision.
I'm assuming the question was about grandparent visitation rights. If it wasn't, you might check this article: http://injury.legalhelponline.org/2005/12/08/grandparent-liability-for-negligent-supervision-of-child/ for a synopsis of grandparent liability for negligent supervision.
My granddaughter will be two this summer. My son and I were always very close. In his senior year of high school he got his girl friend pregnant. She had already been out of school one year and was attending college. After he graduated and baby was born, they got married. Since the wedding I have been told I may not see my granddaughter because my daughter-in-law doesn't like me and has threatened to divorce my son and keep the baby from him if he has any contact with me. She is sick, in high school she was a "cutter" and is now on antidepressants. I don't feel that the baby is any type of harm, but I would like to see her. I've been told that since they are together I don't have a chance of getting any type of visitation. Are there any support groups, etc.???? This is killing me. Thanks....
Sorry but since the family is intact, you basically have no rights whatsoever. The mom and dad here get to choose who sees their child.
The best thing you can do is encourage your son to grow a backbone to her . however there are 2 sides to every story, we havent heard their's so there is probably a reason why they do not want contact. There really is nothing you can do but try to make peace with them and hope they change their mind.
The best thing you can do is encourage your son to grow a backbone to her . however there are 2 sides to every story, we havent heard their's so there is probably a reason why they do not want contact. There really is nothing you can do but try to make peace with them and hope they change their mind.
Cannot see grandchild
Wow, I feel heartbroken for you? Can you talk to your son and see why she doesnt like you? If things can change or if you can go there to visit. ? I realized when my son got marriend in March to a 19 year old girl whos family is dysfunctional that I had to hold my mouth and say nothing because she took everything the wrong way and my son doesnt have much of a backbone either. Keep me posted. Thanks Peggy
Wow, I feel heartbroken for you? Can you talk to your son and see why she doesnt like you? If things can change or if you can go there to visit. ? I realized when my son got marriend in March to a 19 year old girl whos family is dysfunctional that I had to hold my mouth and say nothing because she took everything the wrong way and my son doesnt have much of a backbone either. Keep me posted. Thanks Peggy
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