Grandparent Law

dinky077

Where can I find info. on this law? I am wondering if it applies to Ohio or Michigan? My Inlaws are no longer allowed to see DD and they are crazy enough to sue. In fact when my nephew was born many years ago my Batshitcrazy MIL called my nephew's mom and told her she was going to take her to court for custody of my nephew because my MIL is a selfish wack job. I know they would never win, but so help me if I had to go through all of that I would lose my mind. If you were on 0-3 or 3rd tri. with me you know the crazy stories I have about them. Let's just say thank god DH finally saw what I had been trying to tell him because I did NOT feel safe with DD over there. Heck I didn't feel safe at times.

ChristinaD09

Frankly, I don't think any such law is constitutional.  Just my 2 cents.  I have access to special research sites for that, but if I didn't, I would start by googling, honestly.  There may be some sort of web page maintained by the state concerning child custody/visitation issues.

thestewartsrock

Quick Google Search says this for Ohio: Ohio has authorized grandparent companionship or visitation rights by statute in three circumstances: (1) when married parents terminate their marriage or separate, (2) when a parent of a child is deceased, and (3) when the child is born to an unmarried woman. In such cases, a court may order reasonable visitation if it is in the best interest of the child. (https://www.lsc.state.oh.us/membersonly/127grandparents.pdf) And this for Michigan: On December 8, 2004, the Michigan House and Senate, through its Joint Conference Committee, unanimously passed a new grandparent visitation law which will create new rights for grandparents and grandchildren in the State of Michigan to be able to have contact with each other under certain circumstances, if that relationship has been denied following the death, divorce, children born out of wedlock, or other family dysfunction.(https://www.grandparentsrights.org/analysis.pdf) From my understanding, these visitation rights only occur in the case of the death of a spouse, divorce, if the child is born to an unwed mother (really?!), or if the child is in harm with the parents. I don't think grandparents can sue for rights if both parents are together and agree to not allow visitation and there is no harm to the child. But, I'm not an attorney and haven't done any research on those states deeper than google!

thestewartsrock

I agree with PP, though. Even if they sued for visitation, MANY states have struck down these kinds of laws saying they are unconstitutional and make the rulings invalid. I really don't think a grandparent could win unless the child is in danger with the parents. 

Jessys_Girl

These are the situations in Michigan where Grandparents would be granted visitation:

1. If there is a divorce, separate maintenance, or annulment action pending between the child's parents, or such an action has already been finalized. 2. The grandchild was born out-of-wedlock and the parents are not living together. However, this only applies, to grandparents of the alleged father if he has been declared legally to be the father of the child by a proper court proceeding and the child's father provides child support in accordance with his ability to provide support or care for his child. 3. Legal custody of the child has been given to a person other than the child's parent or the child does not live in the parent's home (other than a child who has been adopted by a person who is not the child's stepparent). 4. A grandparent has taken care of a grandchild during the year before they request visitation, whether or not they have done so by a valid court order. 5. The child?s parent, who is a child of the grandparent, is deceased.   Doesn't sound like you guys fall into any of those categories so you should be safe.

frschaffner

thestewartsrock:

Quick Google Search says this for Ohio: Ohio has authorized grandparent companionship or visitation rights by statute in three circumstances: (1) when married parents terminate their marriage or separate, (2) when a parent of a child is deceased, and (3) when the child is born to an unmarried woman. In such cases, a court may order reasonable visitation if it is in the best interest of the child. (https://www.lsc.state.oh.us/membersonly/127grandparents.pdf)

Definitely this for Ohio.  I consulted a lawyer before DD was born because MIL is also batshit crazy and we were afraid that she would try to pull something to get visitation rights.  Lawyer said no way.  MIL is not a part of our lives at all, and therefore she cannot sue to get visitation because she was/is not a part of DD's life at all.  MIL didn't even know I was pregnant until 10 days before I gave birth.  DH told her off at that time and said to never contact us again.

dinky077

Thanks! They are pill poopin drunks and get stupid crazy ass ideas. My SFIL is a lunatic and is verbally abusive so I know they never a million years would win a court case.

SL122

Whoever wrote that postsecret is an idiot.  Grandparent visitation is extremely rare. I'm a lawyer and I've seen it in two cases:

- Dad is in prison for 20 years, grandparents wanted visitation to keep their side of the family in the picture.  

- Grandparents raised the kids, despite not having custody. Mom swooped in and took them back and refused to let grandparents see them.

The grandparents had to prove that actual harm would result if they were kept from their grandchildren.  That is a hard burden to meet. The Supreme Court has determined that third party visitation enforced by courts, absent harm, is unconstitutional. Parents generally have the right to raise their children as they see fit, which includes keeping grandparents out of their kids' lives.

I really wish non-lawyers would stop giving their opinion as if it were legal fact (NOT referring to anyone in this thread, but TBPS).

lite-bright

SL122:

Whoever wrote that postsecret is an idiot.  Grandparent visitation is extremely rare. I'm a lawyer and I've seen it in two cases:

- Dad is in prison for 20 years, grandparents wanted visitation to keep their side of the family in the picture.  

- Grandparents raised the kids, despite not having custody. Mom swooped in and took them back and refused to let grandparents see them.

The grandparents had to prove that actual harm would result if they were kept from their grandchildren.  That is a hard burden to meet. The Supreme Court has determined that third party visitation enforced by courts, absent harm, is unconstitutional. Parents generally have the right to raise their children as they seefit, which includes keeping grandparents out of their kids' lives.

I really wish non-lawyers would stop giving their opinion as if it were legal fact (NOT referring to anyone in this thread, but TBPS).

Not to mention that it varies widely by state. It's not like there's some blanket "grandparent rights" law out there that applies everywhere. 

RadicalDreamer143

lite-bright:

SL122:

Whoever wrote that postsecret is an idiot.  Grandparent visitation is extremely rare. I'm a lawyer and I've seen it in two cases:

- Dad is in prison for 20 years, grandparents wanted visitation to keep their side of the family in the picture.  

- Grandparents raised the kids, despite not having custody. Mom swooped in and took them back and refused to let grandparents see them.

The grandparents had to prove that actual harm would result if they were kept from their grandchildren.  That is a hard burden to meet. The Supreme Court has determined that third party visitation enforced by courts, absent harm, is unconstitutional. Parents generally have the right to raise their children as they seefit, which includes keeping grandparents out of their kids' lives.

I really wish non-lawyers would stop giving their opinion as if it were legal fact (NOT referring to anyone in this thread, but TBPS).

Not to mention that it varies widely by state. It's not like there's some blanket "grandparent rights" law out there that applies everywhere. 

Actually I think this went to the Supreme Court, and I think the result pretty much overrides a lot of the states' laws.  That was from a quick google search.  No idea where that TBPS came from.