Legal Grandparent Visitation Rights Help Anyone Know

19 Replies
concerned and scared - July 22

O.K. wondering if anyone knows what the laws are in the state of Mass for Grandparent Rights? My "birth" mother is threatning that she is gonna take me to court for rights to my baby. She had not raised me and the little time she was in my life she did nothing but caused me alot of pain, so for 10+years I have not dealt with her. Now that she has found out we are having a baby which is due any day now, she thinks that she can overide my decision of not wanting my child to know her. I feel that she is doing this to spite me because I have written her off. She has even reciently written me a threatning letter saying that she will be at the birth with "the best lawyer & her italian 'friends' " and for me not to push her. and so much more, but as you can see I am really scared that she will get visitation, I dont agree with this at all. Just wondering if any one has any legal backround and knows how I can protect my baby from her? Thank you for your help.

 

:-o - July 22

I don't have any legal background, unfortunately. Would dearly love to know the answer, but I'm pretty sure that your mother has no rights whatsoever, regarding your child and is a complete b___h for putting stress on you.

 

tiffani~edd 11/07/05 - July 22

Holy c___p, what a nightmare! I have heard of Grandparent rights, and I know that in some states it is a right, but I can't say which states those are. Can you consult a lawyer for a professional opinion? I think a consultation would cost under $100 or so. I would also hold onto that threatening letter she wrote you. What great evidence to have in court. Your birth mother has serious control issues. Sounds to me like any real court would not grant her the "rights" that she is seeking, especially if she played no real role in raising you. I do know for a fact that she DOES NOT have any right to be in the delivery room. You should make hospital security as well as your local police well aware of your situation so they can protect you. The woman sounds crazy. Wish I could help more. Take care. :o)

 

:-o - July 22

I'm also pretty sure that no self-respecting doctor would allow anyone at the birth that you don't wish to be there.

 

MM - July 22

Yep I know in some state there is Grandparent rights. I would definately call an attorney, sometimes even a free consultation. If she keeps emailing, Mailing or calling you get a restraining order! If she shows up at the hospital she can be arrested. What a miserable thing to go through at such a wonderful time, Good luck keep us posted

 

Heidi - July 22

That's so screwed up. I wouldn't worry about it. First thing you should do is take that threatening letter to the police and file a hara__sment report and then file for a restraining order. I have heard of such a law but it's such a laxed one that enforcement is almost impossible and if any judge hears your side and that you don't want nothing to do with her, probably wouldn't grant any type of visitation order for her and even if he did, it would be supervised for an infant. Don't worry too much about her. She's probably b__wing smoke. File a report about that letter and ask about a restraining order. Then you'll never have to worry about dealing with her ever. She sounds a little nuts.

 

E - July 22

She likely will not get visitation but it will cost you a lawyer for a good defense.. Start with a restraining order for the birth. You will need to file a pet_tion with the courts and the threatening letter should be used. I am so sorry to hear this. I am also in the process of making sure that in the case of our deaths, my baby is not taken by my mother. Legally, when both parents die, the baby goes to the maternal grandparents. I was told that. Who knows if it is true. I will turn over in my grave if my psycho b___h mother so much as touches my son. I have told my in-laws to never let him go with her b/c she is the type to steal him and take him to her home in Egypt. Can you imagine?? It simply scares me beyond words.

 

E - July 22

BTW - What hospital are you giving birth at? I had my baby at Beth Israel Deaconess in Boston. Great place!!

 

sorry for the language - July 22

What a B___h!!! I would try to get a restraining order now, although I am not sure what const_tutes good grounds for a restraining order, but what the hell? I would think the fact that you have fear for the well being of yourself and your unborn child should be enough. I don't know the situation but I would definately seek legal help! Good luck sweetheart!

 

E - July 22

SELECTIVE CASE LAW: Blixt v. Blixt, 437 Ma__s. 649 , 774 NE2d 1052 (2002). A parent's decision regarding grandparent visitation must be given "presumptive validity." To obtain visitation, "the grandparents must allege and prove that the failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare."

 

check this site - July 22

http://www.grandparenting.org/Grandparent%20Visitation.htm

 

Lissi - July 22

Knowing how I feel about the child growing in my womb, I find it inconceivable, that their are mothers that can make their children feel so bad! What the hell makes them turn out like this?! I hope I never turn on my kid. Your mother sounds crazy!

 

E - July 22

Your defense for a RO could be "significant and undo stress to the mother and fetus which can result in harm to the fetus and or premature labor". You think??

 

PK - July 22

Concerned and Scared, I agree with everyone else. I live in Arkansas and we have grandparents rights here. My mother is actually trying to get them on my niece right now, but we have extreme circ_mstances where my brother and his wife made very bad decisions in life and ended up in Prison for 10 years. I think Grandparents rights is something that is granted when the parents aren't taking care of the child or in the situation where one parent is unable to be there for the child so their parent steps in. I mean I don't really know very much about it, but I would a__sume that a woman who wasn't even their for you as a mother and all wouldn't get those rights, but like I said, I don't really know!

 

JenniferB - July 22

What a wench. I have no legal experience but maybe I can make you feel better with personal experience. I live in Ma__sachusetts and can a__sure you that this state shows partiality towards the mother of the child. I suggest that if you make a list of all of the reasons that she should not be part of your child's life to bring with you to court. Definately bring the letter to the police dept. and get a restraining order not only to protect you but it will be a good example of her state of mind. If she shows up at the hospital a restraining order would land her a__s in jail. Think about it though, if she couldn't be bothered to be a mother to her own child why would she bother with her grandchild. My guess would be that she is full of hot air (<---nicer than what I wanted to say she is full of) She seems to be trying to bully her way into your life by using scare tactics. She probably regrets the past because her selfishness has left her alone and bitter. Good luck. I think you will be fine.

 

E - July 22

The only problem is that this is going to cost you, if she goes through with it. You will need a lawyer for something like this. I was sued long ago... It does not matter if you are on the innocent side, you still have to prove it. I wouldn't try to go it alone in court either. Not with this. Best case scenario is that no lawyer will represent her for lack of evidence against you. It all depends on how dirty she wants to get. If she lies about you in court, you can sue her for defamation. $$$$$$$ Try to provoke her as little as possible and have no contact with her from this moment forward.

 

JenniferB - July 22

http://www.ma__sbar.org/article.php?c_id=160&vt=2 I don't know what your money situation is but I found this Ma__sachusetts Bar site and you can get info on free or reduced legal representation. Maybe when she sees that you are serious she will back down.

 

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