What exactly are grandparent rights?

Whenever my sons paternal grandmother gets upset with me she plays the "grandparent rights" card with me. What rights exactly does she have as a grandparent?

Update:

Pretty sure I didn't mention his father at all. And I am well aware of the fact that I chose to bring my son into this world. All I was asking is what rights does she have since she is always saying she has grandparent rights if she gets mad at me. I have nothing against her or my sons father.

Update 2:

Pretty sure I didn't mention his father at all. And I am well aware of the fact that I chose to bring my son into this world. All I was asking is what rights does she have since she is always saying she has grandparent rights if she gets mad at me. I have nothing against her or my sons father.

8 Answers

Relevance
  • Anonymous
    8 years ago
    Favorite Answer

    "What exactly are grandparent rights?"

    A BS term with very little grounding in the law that is made up by delusional Grandparents who wrongly think they somehow have a right to have a say in your child upbringing or how much contact they are allowed.

    "Richard Kent, a family lawyer at Fairfield, Conn.-based Meyers Breiner & Kent, frequently goes to courtroom battle for grandparents seeking visitation with, or custody of, grandchildren. "The state of grandparents' rights is terrible," says Kent. Under the current laws, if a couple's adult daughter dies, he says, those grandparents could be denied visitation with their grandchild by the child's father.

    Even if they had what most people would consider a classic grandparent-grandchild relationship and, let's say, saw their grandchild every Sunday afternoon. But in the eyes of Connecticut law, says Kent, unless grandparents have functioned as de facto parents — meaning they lived with their grandchildren or took care of them while the parents were at work — they are treated no differently than strangers. " (this is how is is in most states)

    http://www.grandparents.com/gp/content/expert-advi...

    Grandparents rights to visitation with their grandchildren may be different depending on the state in which the grandparents and grandchildren live. Grandparents can petition in court for grandparent visitation rights, but there are some restrictions on their ability to do so. The biggest obstacle to grandparents petitioning for visitation rights is that according to the U.S. Constitution parents have a fundamental right to the care, custody and control of their children. This right includes making decisions for the child about whether grandparents should be allowed visitation with the children.

    Grandparents' rights were greatly affected by a Supreme Court case that examined the rights of third parties such as grandparents to petition courts and receive court enforced child visitation orders over the parent's objections. In Troxel v. Granville, the Supreme Court invalidated a Washington law allowing these third party petitions. The Supreme Court said that parents have a fundamental right to parent their children, which allows parents to raise their children and to make a wide variety of decisions regarding the upbringing of their children, as long as the parents are not unfit to parent. So, parents who are fit are within their rights to decide whether and when visits with grandparents are in a child's best interest.

    http://family-law.freeadvice.com/family-law/child_...

  • Anonymous
    8 years ago

    Actually grandparents DO have visitation rights, but only IF they go to court and get court-ordered visitation. And if your child ever goes in to foster care for some reason, the grand parents would have FIRST right of placement (assuming they have no criminal or abuse record).

    Look. Even if you've broken up with the kid's dad, if his grandparents are decent people then you should let your kid have a relationship with them. If something goes wrong, then you'll have legal standing to tell them your kid can't visit. Like it or not, they ARE the family into which you decided you'd have your child be born (could have given it a little more forethought, but you didn't). Your feelings about his dad are completely irrelevant in this matter, as long as he hasn't broken a law, or wouldn't put your kid in any danger when he's with the grandparents.

    ______________________________

    As a former foster care case manager, I have seen this exact scenario too many times. Parents use the kids as a pawn, grandparents want to see them, the mom is mad at the dad and projects that anger to the grandparents. You didn't mention the dad -- you didn't need to. It's what you DIDN'T say that gave it all away. If the parents take you to court so they can get court-ordered visitation, they would probably win unless you have compelling evidence why they shouldn't see their grandchild.

  • myrtia
    Lv 4
    3 years ago

    extreme answer (I extremely ought to preface that below this account): they're extra a catch word than some thing else in maximum states. till youthful ones have an truly close relationship with their grandparents and the grandparents haven't any "topics," mum and dad can shrink off contact. There are some states (PA is one in all them) that seem after grandparents' rights. nevertheless, they're no the position close to as solid as parental rights. in many cases at ideal it makes it achieveable for small quantities of visitation purely.

  • 8 years ago

    Nothing special. She has no more rights in regards to your child than any one else.

    The term came into use when emotional attachment became a factor in deciding whether to grant visitation rights.

    If your son has a close emotional attachment to his dad's mother, then (if you deny her visits with the kid) she can sue and get visitation.

    Its not the grandparent-ness that confers these rights, its the emotional attachment. An Aunt or a neighbor could have the same rights, if the kid is emotionally attached to them.

  • How do you think about the answers? You can sign in to vote the answer.
  • 8 years ago

    Grandparent rights are just an idea that has no base in reality. They can not be enforced unless the welfare of the child is in jeopardy

    Walt

  • Anonymous
    8 years ago

    Lol legally none. You are the parent and he is your son. What you say goes

  • Anonymous
    8 years ago

    she has none.

    as far as the law is concerned she is no different than the old lady down the street.

    next time she says that tell her to shove it.

  • Anonymous
    8 years ago

    As far am I'm concerned, none

Still have questions? Get your answers by asking now.