My daughter’s paternal grandmother (let’s call her Karen) has served me and her father for grandparents rights. I am no longer with my daughter’s dad, and he is currently in jail as of the last few weeks. Karen has been threatening me with grandparents rights since August, but I have allowed visitation, and she even came to my house for my daughter’s birthday in October. In August, she went behind my back and contacted my parents, spreading lies about me and my new boyfriend because she blames him for her not seeing my daughter as often. She attempted to get my parents on her side and make me out to be negligent and my boyfriend as crazy, even going as far as to contact my boyfriend’s ex and having her contact my mom to smear my boyfriend. I have never truly denied her visitation; she has just not been allowed to have her alone since this breach of trust occurred. She used to be the primary caregiver of my daughter until her health became an issue, and I had to put her in daycare or else risk losing my job due to her inconsistency. She began the hostility at that point because I was no longer paying her to watch my daughter (yes, a grandmother was requiring me to pay her in order to watch her own grandchild). She has 5 kids and only 1 of them allows her access to grandkids without supervision. She has a history of mental instability and threatening her own kids with DCFS if she doesn’t get her way regarding her grandkids. I have sole custody and have never had a criminal record, I own my own home, my own car, have worked for the same company for 6 years, and have never been accused of neglect or abuse. Realistically, how concerned should I be about a judge giving her mandated visitation? My ex (her son) doesn’t even want her to have visitation, so does that still matter despite him currently being in jail? Any advice would be so appreciated!
Even though your ex is in jail, if you get his statement that he does not want her anywhere near the kid, that should carry weight. You’re definitely going to need a lawyer though.
She has a decent case to be honest. She has an established relationship with the child, and her son is not receiving visitation, so she can’t see the child on his time. Those are two of the criteria the court will consider. You need to gather as much evidence as you can about the danger to your child. Witness statements, other evidence.
Your story is confusing because you mention how terrible and unsafe she is, yet you say she was your daughter’s primary caregiver until her health no longer allowed her to. From my understanding, she does have enough of an argument to be heard because she has been your child’s primary caregiver. It could be argued that it would be detrimental to the child to cut off the existing relationship with her one-time primary caregiver, which is one of the major factors considered.
@Rosalie
That makes sense. I just worry about her mental instability affecting my daughter.
NAL, but the primary caregiver argument could be presented as a paid opportunity that didn’t work out due to MIL’s health. If the history of her being a paid caregiver is considered, couldn’t any paid third party argue for visitation? I’d focus that she was unable to continue being the child’s main caregiver due to her own issues. You have facilitated visitation with her, and it would never be as much as previous.
@Sam
That’s a really good point. I think I’ll make that argument in court.