Angelface's picture
Angelface

Complictaed Grandparent

I am expecting a daughter in Feb, and I would like to keep my daughter from two of her aunts for her own saftey, but because their underage their mother (my daughters grandmother) has threatoned to bring her son and I to coart for grandparents rights and I dont know what to do. Her aunts are drug addicts and have already been in trouble with the policeand their only 14 and 16. they've already said that my daughter is a B***h and that when she cries near them they'll just hit and shut her up. I'm lost with what to do from here. Does anyone have any Advice? Thanks so much. 



SnglDad's picture
SnglDad

Let her know there are grandparents rights, but not for her. Most states which allow the grandparents to petition the courts for visitation time require the grandparent to have an existing relationship with the child. The grandparents then have to show that it would be a detriment to the child to not have this visitation with the grandparents. There would have to be clear and convincing evidence that the absence of the grandparent would be physically, or emotionally damaging to the child. The burden of proof is on the grandparent to show this. Under your 14th amendment right to due process, you would have to be found unfit as a parent before a court could override your parental decision.

If you truly know that these aunts are drug users and you truly fear for your daughters safety, it is up to you as a parent to protect your daughter. Let the grandmother ruffle her feathers and act like a bigshot. The fact is she has no standing to ask for visitation. Do not get angry with her, do not even argue back and forth. You are the parent, and you make the decisions. Let me know which state you live in so I can give you more accurate info. In the mean time look up Troxel vs. Granville.

Angelface's picture
Angelface

I just wanted to thank you for your advice. Its truely means alot to me that you were willing to give me advice. Your advice has eased my mind so much you sound like you know what your talking about. I live in NY. Thank you again. You have truly been a very big help.

stephy's picture
stephy

Being from Scotland, I don't know very much about American law [only what I pick up fromCSI] but I am pretty sure that any judge or authority would deem it not in the child's best interests to have contact with these people. They have already threatened your unborn child!. Singledad seems to know his way around the law though and I'm sure his advice will be sound.