Grandparents' Rights West Virginia

[clcinwv]

I need some advice regarding my rights as a parent as well as what rights Grandparents have for visitation. My mother has started a 'family feud' that has been ongoing for over 2 years. The latest incident resulted in me getting my teeth knocked out by another family member. I have also been told by my mom and stepdad that they don't care about me, but they just want to see my kids. My mom has come to my house, while my 3 kids are home, beat on the door and then stood in the doorway yelling at me. She has threatened me also and has said negative things to my children about me, my fiance, and their dad. I just feel that she is not a positive influence on them and don't want the children to be involved in this crazy mess. I always let her see them when she asks because she has threatened to take me to court for her (Grandparents) rights. What rights does she have? What would the court grant her in regards to visitation? I don't want them around her or some of my other family members because of the impact it has on the children. They know a little bit of what is going on, but I try not to tell them details because it is an adult matter. Do I have to let her see them? I have thought about telling her that she can come to my house to visit, but that she is not taking them anywhere.

 

[irish223]

You don't ever have to let your mother see your children if that's what you really want. She has no legal rights to see them, and it is VERY unlikely that she would be granted any visitation through the court unless there is more to your story.

 

[Duranie]

If she has threatened you then file for a restraining order. That would help you case to prove that mom is unstable. As far as the family member that knocked your teeth out, i hope you called the police. You need to protect your kids and keep them away from your family if they are toxic. She probably has no chance of getting visitation if what you are saying is true.

 

[clcinwv]

I didn't have to call the police because she hit me right in front of two city officers. They arrested her, charged her with battery, and she spent the night in jail. The case has been continued to give me time to get my medical bills together. As far as the threats from my mom, she threatened to knock out my other front teeth. I consider that a direct threat and have considered a restraining order against her. She showed up, unannounced, this evening as we were leaving for trick-or-treating. I do not want her around us at all!! Someone told me that if she and the girls already have an established relationship, then I can't keep them apart. That she has the right to see them based on their past relationship. Is this true? Everything I have read says that if she were the parent of the non-custodial parent of the kids, then she may be granted some sort of visitation. But this is not the situation, as I am the custodial parent of the kids. Anyway, I have also read that as their mother I have the right to say who they have contact with. If I don't want them around other relatives, either, than I can say so. Is this true?

 

[irish223]

I didn't have to call the police because she hit me right in front of two city officers. They arrested her, charged her with battery, and she spent the night in jail. The case has been continued to give me time to get my medical bills together. As far as the threats from my mom, she threatened to knock out my other front teeth. I consider that a direct threat and have considered a restraining order against her. She showed up, unannounced, this evening as we were leaving for trick-or-treating. I do not want her around us at all!! Someone told me that if she and the girls already have an established relationship, then I can't keep them apart. That she has the right to see them based on their past relationship. Is this true?

WV statute does not prohibit her from filing for visitation, but it doesn't guarantee it either.

A judge decides whether or not the visitation is in the best interests of the children. A well established, strong relationship will be a factor in the decision, but is in no way the only factor. Your wishes and reasons are also factors. Under the circumstances, I doubt that she would be awarded any visitation unless they lived with her for a while.

Everything I have read says that if she were the parent of the non-custodial parent of the kids, then she may be granted some sort of visitation. But this is not the situation, as I am the custodial parent of the kids.

The statute does not address this situation, which leaves the door open. She can probably file, but it may not go any further.

Anyway, I have also read that as their mother I have the right to say who they have contact with. If I don't want them around other relatives, either, than I can say so. Is this true?

Absolutely true. Until there is a court order that awards visitation to any one of your relatives, you do not have to allow it. You and the father are the only ones who have the right to decide who the children visit.

 

[clcinwv]

A judge decides whether or not the visitation is in the best interests of the children. A well established, strong relationship will be a factor in the decision, but is in no way the only factor. Your wishes and reasons are also factors. Under the circumstances, I doubt that she would be awarded any visitation unless they lived with her for a while.

I and the kids lived with her for a year while I was going through a divorce and getting back on my feet. But, I was still the primary caregiver and took care of the kids (i.e. cooked for them, bathed them, took them to and picked them up from school, etc.). She did help me out for 6 wks while I picked up an extra job for the Christmas season, but that was temporary and their father was not around to help me. And we used to visit with her and my aunt at my aunt's house three evenings a week. I went to an aerobics class and they watched the girls for the hour. What I am trying to say is that besides the normal spending the night and her watching the kids for a couple hours while I went to dinner or something similar every now and then, she never solely cared for the children and their daily needs while I was somewhere else for an extended period of time. And she only starts asking for them on a weekly basis when we are "on the outs". She hardly ever calls, not even once a week, when we are getting along. She calls several times a week to see if 1) I'll answer the phone and 2) I'll allow her to take the girls somewhere. Then, if I don't do either one she starts the threats of taking me to court. I asked a friend that worked w/ family law atty & she sd that the most she would get would be once or twice a month for only a couple of hours, but no overnights.

 

[irish223]

I agree with your friend, although I still doubt that she will get that far.

I agree with Duranie that a restraining order may be the way to go with your mother. You should at least start documenting all the negative interactions and comments just in case she decides to file.