Family Law Series | Do Grandparents Have Rights In A Custody Battle, Separation or Divorce?

[@Real101Show]

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[@katyhernandez6560]

My concern is, what do the courts do when the grandparent uses the grandchild to hurt the adult child? I would never have believed this would happen, but now that I'm dealing with it, I don't know what course of action should be taken. I need legal help.

[@Flora-vo2cb]

In the case of estrangement, there are narcissistic grandparents who sue their own children for access to grandkids for control and power over their adult children, but you bet they will play the court and act like a victim before the judge. Suing a child's parent for merely visitation is not in the best interest of the child nor the family; it places enormous emotional and financial strain on the parents which will affect the child's care. These grandparents will make false CPS calls and will sue the parents over and over and over again to cause them hardship and drain their resources. There are also grandparents who flat out believe they are owed grandchildren from their adult children, which is plain disgusting. Adult children do not estrange from their parents and cut off all contact for no reason. Estranged adult parents understand that their own parents were abusive or were terrible role models, thus deciding to break off their relationship from the parents and protect their children from the same experience. It should be a fit parent's right to decide who to allow around their children. People seem to understand that parents can be negative impacts, but fail to make that connection to grandparents too because society makes us want to believe that grandparents are all old and sweet people. They seem to forget that to be a grandparent, the only requirement is that their child ends up also having a child, not any character or role changes. A narcissistic/controlling parent goes on to become a narcissistic/controlling grandparent. It is disturbing that the courts would force an estranged and fit parent and their own independent family unit together with people they are specifically trying to avoid.

[@jasonblizzard9635]

See In Re Trinity P. This lawyer is an 'emotionalist,' for the most part, and doesn't see the court ordering visitation is actually an infringement on the biological parents' fundamental rights. Each case is different, but read the case law, it's not what these family law lawyers want you to believe. I think she's in Ontario, but the United States Supreme court has ruled fit biological parents have a fundamental right to the care and custody of their children.

[@kendraking5375]

Hey did you ever get legal help?

[@katyhernandez6560]

@@kendraking5375 no I didn't, but she never pursued legal action.

[@katyhernandez6560]

@@jasonblizzard9635 thank you for the advice. I hope I won't have to use it.

[@dharmahikes]

"Just because a grandparent is estranged from their child doesn't mean they should be estranged from their grandchild" What kind of bullshit is this? Seriously? We are just going to assume the best of all grandparents because why? They are older? The law doesn't stop to consider that maybe there's a reason that parent is estranged from the grandparent in the first place? These "rights" are garbage. You should not be forced to expose your children to toxic / abusive people. The lady is talking out of her ass. She acts as if she'd never consider that the grandparent could be a terrible person and its best for the kid to stay away from them.

[@billrhoasts5456]

I agree 100%.

[@bjimbosld]

I agree 100 percent too. The government should never get involved In the daughter or son not wanting their children to be around their mom or dad (grandparents) It is horrible to think but if you have children that they have to Be exposed to the same toxic environment that you grew up with because the government forces you to

[@dougdawson7375]

I agree but how does this really play out in court?

[@5608aliza]

As a parent I do not think this is right , so the judge or law is basically telling a parent what they can do or not do with there own child , I had a child with there son not with his parents . SMH .... what other person has better interest for there own child other then the mother who gave them birth ....

[@susanahrawlinson]

I agree. One of the consequences of falling out with parents is you lose contact with the grandchild. That is the parents perogative and it is a privilage to be invited into the family of those children. Not a right.

[@LungCancerDude]

The Government has too much say. Grandparents are grandparents and need to kept in their place they don't have a say in the way we raise our children period they just takeover because they failed so terribly at raising their own... which is why we end up divorcing their sons in the first place.... if the grandparents weren't narcissistic they wouldn't be separated from the grandchildren totally agree they should go to the parents first ... in my case they didn't ...

[@normandegeorge6526]

Angela D you need help!

[@annhill5440]

Angela maybe because YOU are the problem? Get some help so you get your kids back.

[@morticiamadness4004]

Angela i totally understand and empathize with you..my parents are rich and i married into a poor and "unacceptable" living conditions. Now I'm fighting to get my 5year-old back. My husband had a car accident and left us stranded, jobless because of where we live. I decided to trust my parents to let them have temporary conservatory parental legal rights as GRANDPARENTS until we can save money. Now they are attached and deny me my visitations! I know if i am to get my child back i have to work hard and have faith that the Lord Jesus Christ will also take care of this horrible trial and tribulation because I have endure this Please pray for me and my husband 🕇🕇

[@billrhoasts5456]

@@morticiamadness4004 Stop counting on Jesus Christ and get yourself a good LAWYER. You're focusing on the wrong thing. Jesus won't help you, I'm sorry to say. Only a good lawyer or legal team will.

[@lisariley7436]

Grandparents have no special rights in any state in this country

[@connerross4915]

If you suck so bad as a person that your kid wants nothing to do with you, then you should not have "rights" to their children! This is too much power given to courts and is undermining the child's parents and adding unnecessary emotional and financial stress to their lives.

[@jasonblizzard9635]

Yes! See In Re Trinity P. Grandparents lawyer was an emotionalist, much like this lawyer here. Case law, and the supreme courts have another story to tell that isn't in line with these family law lawyers trying to drum up business.

[@AM-es4mp]

NOT ALL OF US GRANDPARENTS SUCK FYI! * ITS OFTEN OUR KIDS' SPOUSE - ESPECIALLY WHEN THEY SPLIT UP IN JUST 2 YRS. AFTER HAVEING GPS HELP ( FOR FREE- WITH HOUSEWORK & BABY CARE ON DEMAND WHENEVER.. DURING C.VID -, THEN BAM - NO CONTACT-

[@ronron6977]

That's bs. Many children are too privileged. Should be what's in the best interest of the grandchild,period

[@soothingandrelaxingmusic7442]

My daughter is married to a covert narc who isolated her from our family and brain washed her completely. We found out she was pregnant from social media. She cut us off from her siblings that she adored so much as well. Me and her had the best mother and daughter relationship prior to her meeting this guy. Her husband is a drug addict as well, unemployed and very manipulative.. Once we drew her attention to this , she cut us all off. Now, all of us are denied even to see my grandson and my other kids nephew. Even the parents of her husband clearly let us know we will not have any contact. They behave as if I am not the one who gave her life, raised her, never abandoned her. I have no criminal record, do not smoke, do not drink, very educated, financially stable. Besides, I was the type of mom who has never even raised my voice at her. My daughter's friends used to tell her how lucky she was having me as a mom. So, when someone says , the child cut off from you , because you were not a good parent, that is not true!. What they forget to notice, there may be other reasons, for example : LIVING WITH A NARC. If their spouse thinks , it is totally ok for other grandparents not to be allowed access to the grandchild, that person is not a good person for them as well.

[@MommyMoniquex5]

@@ronron6977True. The best interest of my children is to not see one set of their grandparents.

[@socialbuttafly1707]

This is absolutely criminal! What if the Grandparents are Narcissists and abusive. What if they have a different religion, way of life, etc, and the MOTHER does not feel they are good for her children??? This will be a mess. The Grandparents will use the children to fight the parents. So WRONG!

[@amysadork]

What I'm dealing with right now.!! Ugh crazy people

[@shaminamarieevents2699]

What about when a mother dies and the farther completely cuts off the mothers family from the children. That's what my family is going through. You cant judge the value of this law by your own personal situation.

[@duanenichols8666]

I'm going through that now

[@Flora-vo2cb]

@@shaminamarieevents2699 In the case of estrangement, there are narcissistic grandparents who sue their own children for access to grandkids for control and power over their adult children, but you bet they will play the court and act like a victim before the judge. Suing a child's parent for merely visitation is not in the best interest of the child nor the family; it places enormous emotional and financial strain on the parents which will affect the child's care. These grandparents will make false CPS calls and will sue the parents over and over and over again to cause them hardship and drain their resources. Basically, they will try everything to force their way in. There are also grandparents who flat out believe they are owed grandchildren from their adult children, which is plain disgusting. Adult children do not estrange from their parents and cut off all contact for no reason. Estranged adult parents understand that their own parents were abusive or were terrible role models, thus deciding to break off their relationship from the parents and protect their children from the same experience. It should be a fit parent's right to decide who to allow around their children. People seem to understand that parents can be negative impacts, but fail to make that connection to grandparents too because society makes us want to believe that grandparents are all old and sweet people. They seem to forget that to be a grandparent, the only requirement is that their child ends up also having a child, not any character or role changes. A narcissistic/controlling parent goes on to become a narcissistic/controlling grandparent. It is disturbing that the courts would force an estranged and fit parent and their own independent family unit together with people they are specifically trying to avoid.

[@callmeishmaelk767]

The narcissistic grandparent already had a family. Someone else's then now. But thanks for muddying the waters

[@JaneDoe-xn3ct]

So what if both parents are competent and they both don’t believe that contact with grandparents would not be in the best interest of the kids?

[@Real101Show]

Good question..

[@christinejohnston8071]

What about if the grandparent has never been apart of the child life.. My daughter just turned nine and her bio grandma is trying to take me to court for grandparents right.. Cause her son killed himself.. She has never once wanted anything to do with her tilll after my daughter bio father passed? I dont know her to well. And she a stranger to my daughter too.. I'm just cinfused.75

[@Gemelli2906]

My daughter also. Ex MIL moved up here after collecting from her fathers death, now moving on to taking my daughter to court. What can be done when parents DONT want a toxic grandparent near their child!

[@billrhoasts5456]

This is terrible news. I'm sick of the government interfering in private family matters and with the rights of parents to decide who should be in their children's lives. The decision regarding what's in the best interest of the children is up to the parents, not some judge. Unless of course the parents are abusive in some way.

[@connielambdin2200]

It depends on the parents and grandparents, you can't judge all parents from one same goes for grandparents

[@AM-es4mp]

Or ..have uconsidered young parents that clearly put their own feelings toward their x' & use the babys as a weapon to punish x& fam ? ( its real).

[@bjimbosld]

The government should never get involved In the daughter or son not wanting their children to be around their mom or dad (grandparents) It is horrible to think but if you have children that they have to Be exposed to the same toxic environment that you grew up with because the government forces you to. Then you have to fight the grand parents in court to prove that they are not good to have around your own children..... And think about it the grandparent usually have more money than the younger people do to fight

[@1dilligaf]

Courts should have more say sometimes people are just vindictive and don’t give a damn about their kids feelings

[@Flora-vo2cb]

@@1dilligaf In the case of estrangement, there are narcissistic grandparents who sue their own children for access to grandkids for control and power over their adult children, but you bet they will play the court and act like a victim before the judge. Suing a child's parent for merely visitation is not in the best interest of the child nor the family; it places enormous emotional and financial strain on the parents which will affect the child's care. These grandparents will make false CPS calls and will sue the parents over and over and over again to cause them hardship and drain their resources. Basically, they will try anything to get their way. There are also grandparents who flat out believe they are owed grandchildren from their adult children, which is plain disgusting. Adult children do not estrange from their parents and cut off all contact for no reason. Estranged adult parents understand that their own parents were abusive or were terrible role models, thus deciding to break off their relationship from the parents and protect their children from the same experience. It should be a fit parent's right to decide who to allow around their children. People seem to understand that parents can be negative impacts, but fail to make that connection to grandparents too because society makes us want to believe that grandparents are all old and sweet people. They seem to forget that to be a grandparent, the only requirement is that their child ends up also having a child, not any character or role changes. A narcissistic/controlling parent goes on to become a narcissistic/controlling grandparent. It is disturbing that the courts would force an estranged and fit parent and their own independent family unit together with people they are specifically trying to avoid.

[@1dilligaf]

@@Flora-vo2cb People just need to start thinking of the children instead of themselves it’s amazing when parents separate it’s always the fathers parents who get screwed out of visitation never the mothers parent and everything‘s fine up until the two separated then all of a sudden she’s punishing the child from seeing his grandparents because they happen to be the father’s parents tell me that’s OK

[@Flora-vo2cb]

@@1dilligaf My previous comment was about adult child estrangement, but ok... That depends on the case. In the case where the grandparents did not develop a strong relationship with the child prior to separation or their own son agrees with the mother to deny visitation, why should they be allowed to interfere, forcefully intrude on the family unit, and sue the child's mother for visitation?

[@Flora-vo2cb]

@@1dilligaf Aren't YOU thinking of your own self when suing for visitation of a child that is not your own? Don't you think suing a child's parent is detrimental to the child? It creates a high stress environment and financial burdens on the parent, affecting their ability to care for said child. This is a negative consequence that the grandparents create themselves when they decide to due someone for access to the parent's child.

[@callmeishmaelk767]

Simple, sue the grandparents for tortious interference. These types of grandparents are actually dangerous malignant narcissists and do all of this for control. They'll actively try to break up marriages to get "rights". Someone else's relationship is not a third party's playground. Being a marriage is a legal contract, sue the grandparents for tortious interference.

[@jamesrhoden8465]

Could we request a video that refused this law and how it could potentially be abused? Grandparents and parents are a strange for a reason either verbal or physical abuse as a child or as an adult. If that mother or father chose not to affiliate with themselves with the grandparents due to any of these circumstances. Do the grandparents still have rights to be affiliated with a child. Because as a parent it's our right and our duty to protect our children from those that we deem unsafe. Is this a potential for the law to be abused in this manner?

[@Real101Show]

Thanks for the suggestion.

[@cutestkittensanimalrescuep8531]

Something I really wanted to know about but the music is very irritating

[@connielambdin2200]

Is this in all states, like KY, I've had my grandchildren most of their lives, she took them s month ago and want even let us talk on the phone

[@amatheaslaw7747]

I’m soo sorry to hear that .. I’m having awful .. boarderline evil situation.. I try not to even think about it ( yep, here it comes 😭). I was just looking for a place to ask some questions and saw your comment.. just wanted to say I sympathize , I’ll say a prayer for you. I won’t ask you how your Christmas was .. I already know .. 💕

[@callmeishmaelk767]

And sue the lawyer that is assisting the grandparents

[@AnnaBeeAnnaBee]

which contry is this ... us ? im looking for uk law

[@jasonblizzard9635]

I love these emotionalist lawyers, trying to drum up business by misleading Grandparents about their so-called rights. See In Re Trinity P. Trial court granted visitation to toxic, narcissistic, extremely violent Grandparents, disregarded Mother's rights entirely. On appeal the Grandparents' Petition was reversed and remanded with instructions to dismiss the Petition. Mother's court costs were assessed to Grandparents. Don't listen to this lawyer, read the case law... case law is where the rubber meets the road (as they say). These lawyers know that filing an appeal is expensive. Always appeal, if you lose. Trial courts don't always do what they are required to do under the law, and many don't know the case law. Also, read the statute very carefully, most lawyers don't understand these matters in the scheme of the statute, let alone in the context of established case law. These lawyers preach their own personal interpretation of the intent of these statutes, which often doesn't align with the upper courts interpretation of the intent of the legislature. Why? Some of these lawyers are 'emotionalists,' and cannot employ the faculties of reason and rationality. They operate under the presumption the Grandparent-Grandchild relationship is best and supersedes all else. Fight back!

[@randomclips8575]

you do know this is explained in to the general population and not specifically to your case right?

[@jasonblizzard9635]

@@randomclips8575 read the case law. It's quite 'specific.'

[@ColleenDeVoll]

I been trying to get hold of her and the number don’t work any more

[@BeTheResilient1]

Country? State? Ontario, Canada?

[@jynclr]

The entitlement to children that isn't theirs by these grandparents is is wide and as deep as their over inflated egos and need for control. This is horrifying that the courts have to take someone else into consideration. I hope someone challenges this law because it looks to interfere with the parents' constitutional rights to determine how they want to parent their children. If grandparents have to go to court to see their grandchildren, that right there already tells you something about them and it's not good. Edit: just realized this is canada. However, the first part of my comment still stands.

[@ronron6977]

Not in maine. It's too bad.

[@Real101Show]

Thanks for sharing...

[@CC-ze2ky]

AWESOME!!!

[@callmeishmaelk767]

This brings up another question, what happens when the old narc grandparent tried to dictate life to their own child by using the grandchildren as pawns, but then the GREAT grandparent needs to use their own child as a personal footstool, which situation takes precedence and who is supposed act as ultimate narcississituc supply and a personal slave to whom? Lol asshole legal system. How about we respect personal freedom instead?

[@arethaboddy7490]

I don't know what's going on, but to me personally it seems that this generation is getting worse with grandparent rights the unfairness has to stop in my family and the cycle needs to stop in my family.

[@susanahrawlinson]

Another case of rich baby boomers feathering their own nest at their childrens expense.

[@tracy9397]

Everyone keeps saying what if the grandparents are abusive or this or that. What they’re talking about is grandparents that have always had a close bond with the grandkids who are loving and caring. Most grandparents should have rights to see their grandchildren...no excuse!

[@tennesseedogpack]

Your emotions shouldn’t be allowed to overturn a parents wishes. Full Stop

[@Carmen-dd4lb]

Ecxackly well explained Thank you

[@MommyMoniquex5]

If there wasn’t a good enough reason though, you usually would see be able to see them. I can’t imagine not allowing someone to see my kids that my kids love UNLESS there’s a great reason not to.

[@Abaysgames]

Maybe the parents shouldn't be so narcissistic and likeable and the kid would spend time with them

[@kazunabe4288]

This is insanity. If someone does not want their kids to meet, see, know, etc. their grandparents that is their choice. Most likely they have a good reason for this. Even if they don't hate their parents, what if the parents are estranged or live across the country? What if they just don't like their parents and don't want them or their children to deal with them? I mean wow. This concept is absolutely ridiculous.

[@Real101Show]

Thanks for sharing...

[@beatslee2480]

Wish Thomas Markle will teach his awful daughter a right good lesson and take her to court to see his grand children..

[@jennifercuffy806]

Tks!!! This new generation don't get it!!! They are repeating problems and it needs to stop or it will not be nice when they grow up.

[@kathyturton8793]

My mother and I carrdefof these children all there lives and the abusivpeople in there lived were there parents who hav especially there lives in jail and not cheanged😊😊

[@monaiannucci7831]

I cant see either of my grandsons cause we as grandparents have no rights on Ohio why?

[@itsmejournie4226]

Because you are not their mother ….

[@callmeishmaelk767]

Exactly, because the grandparent from Ohio who posted the question is a malignant narcissist. Hey malignant narcissist grandparent from ohio, try knocking on any given door on your street and asserting your "rights" to flop your entitled ass there. See how that works out. Better yet, go find a local bear's den and walk in and start messing with the cubs. Let us know how that worked out and if facial reconstruction surgery was needed afterwards.

[@0seve291]

Your not the parent if you were such a good parent your child would allow visits if you were an active part of their lives and your child died and they are with held from you that’s a diff story!

[@Abaysgames]

This girl need to be ripped.thrpugh the system she is so messed up she needs actual psychology help

[@ryanwyman4197]

😂😂😂😂😂😂

[@williamlewin9610]

Grandparents don't have no right. CPS gives the children to the foster parents.

[@itsmejournie4226]

Exactly if grandparents have rights then why was i put into foster care 😐

[@jaredshultz8197]

Cps are suppose to put family back within the families not to be so greedy to sell our own flesh and blood to foster parents it's so not right here in Kentucky that Cps are not helping our loved ones and their stilling our babies for their greedy for money ..

[@luciamejia9076]

Who's ever against a grandparent seeing their grandchild, doesn't understand FAMILY VALUES!! They don't understand how important a grandparent is in a child's life, SELFISH!! SOUNDS LIKE SOME NARCISSISTIC BEHAVIOR...STOP THINKING ABOUT YOUSELF!!! ACTUALLY THEY ARE TRYING TO SAVE THE CHILD FROM CRAZY ASS PARENTS WITH NO SENSE!!

[@JaneDoe-xn3ct]

what if the grandparents are registered sex offenders? what if they had addiction issues? what if they were abusive to their own children?

[@MommyMoniquex5]

Actually, the above shouldn’t matter. They don’t need be physically abusive to be kicked out of the kids’ lives because they aren’t the parents. Their role is nowhere near as important as their parents. If anything, they’re needed as much as any friend would be. My parents see my children. But my husbands mom can’t because she oversteps and disrespects us. Abuse or not, you are NOT having a relationship with my child and teaching them everything you want that is the OPPOSITE of what we teach, knowing we’ve told you not to. In fact, even when we offer to not talk about it between ANY of us, they still do. And they’ve done many more things besides that. So there are no more chances. Except the chance that I’m willing to take on my family values, according to you lol.

[@raysorenson5488]

Help need angels We went to the ones you trust for the truth to be heard and was not allowed to be heard on 05/12/2017 the court took my grandson away from us without any care or regards to or from me and my family. After raising my grandson for seven and a half years, the no relation Jose Hernandez and Tonya Armalejo filled out online papers saying my grandson has lived with them (Jose) all his life and Stoll (kidnapped) my grandson. Jose swore under oath that him and Tonya raised him. That judge was in a hurry to get to park city and did not care about my grandson or me and his blood family that day I took medical records tax records school records and more showing that I alone had been raising my grandson and I wasn't a party to the case, and they kidnaped him with the help of the court. Me or my grandson mother where never served. I listen to my grandsons cry on the court audio that day in front of judge Pettit crying he wanted grandpa it was like taking your son to his hanging it is abuse at the highest level. 02/27/2019 and he's still with these people that have no blood relation. There is nothing family about Utah family court it is a nightmare. We went to court so we could be heard railroaded in only as a witness and not a party to the case and they took him that day right out of our arms. I hear his cry on the court audio and it kills me. How can a public official (judge Pettit) make a decision so sudden and not care this is such an unlawful act. Me or my daughter (Jace's blood mom) where never served. I asked the Judge three times if she could hold off so I could get me and my grandson (Jace) legal help she said no. What an unlawful act of power force a boy out of his only home. This has caused me a huge emotional scare let alone the trauma my grandson was and still is being put through on 05\12\2017 right in Pettit court of physical emotional mental abuse of power at a level unimaginable worse than anything. I pray to god and ask for help and answers. We need help from the president or some angels to help us get him away from those who lied to god that swore under oath they raised him. The next day I hired an attorney the commissioner ordered me to pay for my grandson attorney. I found the biological dad his d n a is same as my grandson this illegal alien Jose Hernández has no relation to my grandson. Lawyers tell me if I continue to fight for my son, grandson or contact the media I wont ever see him again. Between the 2 lawyers and bills we are about to be without a home my grandson is the most important person he plays an important role in my life and means the world to me. Please help me and my family Mr. President SINCERELY Ray Sorenson

[@melissarodriguez2273]

All these comments are written by selfish parents