Parenting

Do grandparents have legal rights?

My brother has ceased communication with the entire. family. Long story, but basically his wife calls the shots and wrote e-mails to everyone telling us that we were no longer welcome in their home or to have access to the children (they have 2). This hurt me, but a lot had been said about my own family and children by her that I have moved on. I just focus on what I can control. My mother on the other hand is DEVASTATED. It has been close to a year and she is just heart broken. There is nothing wrong with my mother; she did not abuse us or my brother's family. She just want to see her grand-daughter and her son. Is there anything legally she can do? Anyone have any suggestions on how to handle this situation or try to break the ice with my brother? I'm really not interested, but my mother is.

Re: Do grandparents have legal rights?

  • Legally, no.  The only cases where grandparents have been granted visitation is in the event of one parent's death (the parent related to said grandparents), and maybe (I could be remembering wrong), something about divorce.

    But if your brother has cut off contact w/ them they are pretty much out of luck, legally.  It varies by state, but I think the most generous state in this situation only allowed it in the event of death (and maybe divorce).

    I think the only thing you can do is contact your brother, ask if there's anything that would help change the situation and do that if possible.  Otherwise, there's no way you can make someone see you or let you see their kids.

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  • no, but some states are more permissive than others and most will require that it is proved contact is in the best interest of the child.

    not a similar situation, but my sister adopted her two kids (my sweet niece and nephew).  The bio grandparents tried to get visitation and everyone went to court. My sister, of course, had to pay a lawyer. The grandparents lost -- they barely knew the kids and forging a relationship was not in the best interest of the child.

    Your parents can get a lawyer and try -- I would. It would be worth it to me to say to my grandkids that I tried my best. Maybe the lawyer fees your SIL would have to pay would make her change her tune?

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  • no, I don't believe so, sorry.

     My brother's wife has been slowly pulling my brother away from our family.  We barely get to see the kids, it sucks.  Well, he finally after 13 years, filed for divorce.  I feel like I'm finally getting my brother back.  So there is hope!

  • We cut ties with my husbands parents for several years and I was always worried about them trying to see the kids or trying to get visitation.  Being on the other side, I can say that I do believe that if the parents don't want the Grandparents in the children's lives, they should not be.  I know it stinks, but it should be the parents choice.

     

     

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  • well, my grandparents (not even biological) got visitation like a non-custodial parent...every other weekend and wed nights, so it is possible
  • imageLantaria:

    We cut ties with my husbands parents for several years and I was always worried about them trying to see the kids or trying to get visitation.  Being on the other side, I can say that I do believe that if the parents don't want the Grandparents in the children's lives, they should not be.  I know it stinks, but it should be the parents choice.

     

     

    If my mother was a drugie, alcoholic, verbally or mentally abusive, I could see and agree with it, but she adores those kids. I know they had the daughter call my dad or she asked to call. He asked when he could come see her or if he would hear from her again. It was an uncomfortable conversation, but none of the questions were answered. She is 7 and knows my mother and father had a close relationship with her. I hope the situation turns around. 

  • Your mom can be the best Grandmother on the planet, but it is still the parents decision.  I am not saying that it is the right one, but it is their child.  I feel bad for your parents and for the kids that are missing out on that relationship.  I don't mean to seem cold-hearted.  I just believe that parents have the right to make the choice to cut ties with anyone.  They make the decisions for their child.    

     

    I really hope that it works out for your family.  

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  • There are some states where they do.  Your mom should contact a family lawyer to find out if yours does.
  • I know I'm only presenting one side and and an abbreviated version at best. It is just a heart breaking situation. My mom adores my boys; does everything and anything she can for them, but then turn around and knows she has other grand children she can not see or talk to. Is she perfect? Of course not. They have done this same thing at least one other time and use the kids as leverage.

    I personally am not at the point to forgive and forget. My brother told me my developmentally delayed son was a threat to his kids; wouldn't attend functions if he was present; his wife sent us a parenting book in the mail.... The list goes on. I'm truly hoping for my mom's sake that this situation will change very soon. I think I might suggest that she seek legal consul to at least see if she has any rights. 

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