How to keep your child away from a grandparent legally?

I'm leaving my fiance to move back to my home state of California to have my baby and have my family to help. My fiance doesn't want children but his family loves children and I know will have a problem. His parents know that my entire family resides in California and I believe they suspect that I am planning on moving there. His grandmother has made comments that it isn't my right to take away their grandchild. But for me income is more stable for me out there and having my families support is much more appropriate and logical then to stay in Florida with my ex's family. I don't essentially trust my ex's mother in general. She has made comments that if she feels that I'm mistreating a child she will do everything in her power to give her grandchild a "chance" in this world and take them away from me. As a parent to be that is pretty scary to hear because I already love my un born baby so much that I could never ever think of doing horrible things to my baby.

She is a bornagain christian and I am a catholic. I have been put down by her for my religion and beliefs and she has told me that she will and has every right to take my child to her church to be baptized. Logically this child is mine and I want to raise it catholic. I believe that if I'm the parent I have the right to chose the religion and what not. She has trespassed onto my property many times (I live in a gated community) and left me weird letters and christian pamphlets about grandparents raising and adopting their grandchildren. There is no way I would ever give my child up for adoption! As a parent I have the responsibility to provide and love my child. And moving to California I have more of a stable opportunity to do so. We bump heads all the time and she is an ex cop and I fear that she would come after me and try to say that I am an unfit parent or I am abusive towards my child. I just want to know what I can do legally to protect myself and what she can legally do to make a mess. Help!!!

8 Answers

  • 10 years ago
    Favorite Answer

    i know there are steps being taken to give grandparents rights of access to their grandchildren - this would still work like a parent wanting access though,and would most likely be done through court

    at the moment,she has NO legal right to see the child.she has NO right to baptise your child.she has NO rights periods.she is using scare tactics and you have grounds for an injunction against her - she is harassing you.she would have to go through court to prove you were an unfit mother and then she would have to prove YOUR parents (or other family member) are also unfit.legally,there is NOTHING stacked in her favour here.everyone knows that children born to unwed parents go to the mothers side automatically

    the sooner you move,the don't need this stress right now,it isn't good for the baby

  • 10 years ago

    I had a similar situation with my first child. Her paternal grandparents keep threatening to "get a lawyer" b/c they had more money than me. 1st, if you move to Cali (which you should do, since your support group is there) she can do NOTHING to stop you. Ex-cop or not. 2nd, if you move to Cali, and have the baby there, daddy's name won't be on the cert b/c with unmarried couples, the dad has to sign an admission of paternity to be on the cert. And unless you are doing drugs or neglecting/beating your baby and there is proof... she can't take your baby away. She can petition for "Grandparent" rights, but that will be a long and expensive ordeal. She'd have to wait til after the baby is born, file a complaint in your residing state, get a DNA test, to prove they are the grandparents, and go through all sorts of crap. Which will be very hard from the other side of the US. As a mom, you basically have to be shooting up drugs or living in the street with bruises on your baby to get it taken away. And if you're in California, then it's going to be extremely hard to prove anything.

    IF I were you, and I don't know your exact situation, i would move back to be with my family. No one can fault you for wanting to be in your comfort zone. Now, I wouldn't complete take them out of your life, b/c that's not fair to the baby. Give them your number, and keep moderate communication open. This way you're not the bad guy, you're trying. If they want an address for "gifts" or whatever, get a post office box in a neighboring city. This way, they do not have your exact location right away. Then feel it out from there. Let them know when they baby is born, but don't tell them where, and let the hospital know you want to be annonymus, so if they call hospitals in your area, they can't find you. Your family will know, b/c you tell them. But if anyone calls looking for you, they will just say "we don't have anyone here by that name". Send pics, but drop it in a mail box in a neighboring city. This way you are still "trying" to include them, but keeping yourself safe. And as your baby, they have NO right, whatsoever to the religion it is raise in. If you let them watch the baby, and they take him/her to church, they can do that, but she can't tell you she has a right to anything. She is just trying scare tactics. I could give you more insight if you need more. I hope this helps.

  • Anonymous
    10 years ago

    Grandparents have NO rights..thank God. And you can have your child grow up as Catholic being that it's your beliefs and you are the MOTHER. If the father of the child is worried about seeing his baby then he MIGHT take you to court for visitations but as far as his family all they can do is talk.

  • jlb
    Lv 7
    10 years ago

    Grandparents don't have rights to their grandchildren. Just move. If you are living across the country, she won't be able to harass you anymore.

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  • Anonymous
    5 years ago

    With her history I would say so especially considering she has no rights to her own children. Or I would move to another state across the country.

  • 10 years ago

    The supreme court has already ruled that grandparents have no rights.

  • 4 years ago

    My 2 kids grandmother has been threatening my life about my kids and her boyfriend. My kids grandmother put my oldest child in Foster Care and she told my kids mother that she hopes she never get him out of Foster Care but the thing is that he came out of Foster Care for good and since he been out for good with his mom and I both, her mom been acting real strange about me being around my kids. Telling me I could not change our daughter diaper and so forth no more and saying bad things about me in front of our kids and around my kids. My kids grandma s bf been at it based on our kids, he been fighting in my kids home in front them all the time. They been threatening me and spreading lies and rumors about me that are not true to everyone in town. I had to call the police on them so many times about my kids and called DSS (CPS) on them too and nothing happens. They do not live with my kids mother. My kids grandmother does not want me to be around them period at all. I tried everything. My kids mother tried to talk them but they do not listen and they do not care. They do not bathe our kids either. The mother and I have a 2 yr. old son and a 8 month old daughter. But the thing is that the grandma and her boyfriend been doing this for a year now. If, the mother tried to stop this and she could not, as the father of the kids, what can I do to stop this mess with her mother and her mother s boyfriend about starting mess with me over nothing about my kids by law? I hate to see my kids in the middle of this mess with their crazy grandmother that put our 1st child as our son in Foster Care.

  • 5 years ago

    my mother harrasses me and my fiancee daily nin the utmost horrible way my current ex-wife allows my narcissistic mother who is bi-polar to see my son and fill his head with trash that i dont love him. i live in wayne county michigan what do i need ro file to ensure my son no longer sees my mother? any help is greatly appreciated!! thanks in advance.

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