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Can mother-in-law legally force my husband and I to allow her access to our kids?

Tagged as: Big Questions, Family<< Previous question   Next question >>
Question - (29 March 2008) 8 Answers - (Newest, 29 March 2008)
A female United States age 22-25, BButters writes:

Okay,My husband and I do not allow for his mother(childrens grandmother) to see our children,for many reasons She has talked very Bad about my 2 kids a 4yr old and 18 month old(thats only 1 of many reasons)just to make it clear NO type of abuse is involved here. My husband no longer wants any type of relationship with his mother. Can she take this to court and try to get a judge to grant her permission to see the kids.

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A male reader, anonymous, writes (29 March 2008):

You need to ask an attorney because when dealing with legal issues people who are not attorneys will give you answers that are not fully correct. Often they are telling you about what someone they know went through -hardly the same thing as the law in your specific case. I have been in the legal field for over 10 years and cannot tell you how many times people come to our office thinking they know already know what the law says, trust me they don't.

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A female reader, Ask oldersister United States +, writes (29 March 2008):

Ask oldersister agony auntThe only time a grandparent can file a petition for custody is when the child has been living with them for a while under the consent of the parents because the parents have already been determined unfit by the state.

They can petition for joint custody or visitation only if the parents are no longer together (separated, divorced, or death) and still, the child(ren) would have to have lived with them prior to this for more than a year with the legal guardian's permission.

In other words, unless your kids were raised by their grandparents for part of their lives, because a court has determined you guys are unfit, they don't have rights. They can't even take you to court, the judge would dismiss it.

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A female reader, Irish49 Canada + , writes (29 March 2008):

Irish49 agony auntGrandparents should never assume just because they have grandchildren they have solid, legal 'rights' to see the grandchildren. Many grandparents forget that. Judges in a court of law, don't forget that. It is only through loving and caring behaviours, do grandparents earn the priviledge of being a part of their grandchildren's lives. If this grandmother took this to court and the judge even had the smallest suspicion that Grandma is trying to use the children as pawns to cause problems and harm to a family, she won;t have a leg to stand on...plain and simple. She would be better to be more nicer, more decent, more compliant and make huge efforts to be the best she can be when in the presence of her grandchildren and you folks. Sad to see this happen in a family, but parents do have to protect their children from toxic people, including malicious grannies.

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A male reader, rcn United States + , writes (29 March 2008):

rcn agony auntNo, she has no legal grounds for court. Let me expand. You need to check with the state you live in. I know with her behavior she won't have grounds, but some state still recognize grandparents rights.

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A male reader, rcn United States + , writes (29 March 2008):

rcn agony auntNo, she has no legal grounds for court.

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A female reader, Laura1318 Malaysia +, writes (29 March 2008):

Laura1318 agony auntShe cannot do that but it is very sad that it has to happened

like that.Blood is thicker than water.

I hope someday , your husband will make peace with his mother,

for grandparents can play a role in your child's development.

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A male reader, Transcowboy United States + , writes (29 March 2008):

Transcowboy agony auntLegally your mother in law has no basic, you and your husband are the childrens legal guardians and have the right to decide who gets to see the children, She is welcome to try, but no judge will hear the case

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A reader, anonymous, writes (29 March 2008):

Im pretty sure there's not much she can do . Your the parents and if you don't want someone ( including the childs grandmother) to see your children for any reason at all I don't think she can do much .... I'm not sure but I don't think so.....

~*VG*~

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