Do I really have to go to court? THIS IS STUPID!!~!!!!!!!!!!?

Question

I have been fighting with my aunt for almost 2 years over visitation of my son jesse he will be 2 in october. Anyways she's a nut!! She would call herself mom to him and try to always hold him and feed him she has no children. When I didn't get a chance to call her one day she taped 20 copies of one note to my appt door saying horrible things about me and my fiancee most of which were lies. I already went to court once I said I didn't want her to see him. We had to get a lawyer and then with my second pregnancy I ended up losing aiden at 37 weeks and sh e knew about it from the obituary in the paper. I couln't go to the second court hearing b/c I was so sick from losing him with infections and such now I have to go to trial this is ridiculous!!!!~ Jesse is my son if I don't want him around a nut ball he shouldn't have to be right?

Answer 1

don't put your family threw this you are the mother . who gave her the right for vistation. no you shouldn't be going to court he belong's to you right. if needed move away from her so she can't hurt your son.  because as he get's older it will hurt him. you protect  your son any way possiable.

good luck

Answer 2

If you lost custody to your aunt, it must have been for a good reason in the past.  And it doesn't sound very good for the prospect of you winning him back by the way you present this.  If you are ordered to go to court, you must appear if you want any chance of regaining him, in any fashion, even if for better visitation rights.  The problems you had with the second pregnancy offer no excuse other than for a slight postponement in the procedings if your health is in question.

Answer 3

Your aunt should have no legal right to your son unless there is a prior court case that established some type of custody, guardianship etc.  If child protective has been involved because you have been an unfit mother and she was granted some rights at that time, then you do need to revisit this in court.  

Why does she have visitation anyway? Is it a legal visitation or are you just being nice?

Answer 4

As the parent, you have the right to decide who your child spends time with.  Most of the time when court-ordered relative visitation comes into play, the relative had raised the child or the child's parents divorced with animosity and they want to prevent losing contact with the child.  If, for some reason, she had at some point been granted guardianship by you or the court, then you may have to go to court.  Consult with an attorney on this matter.  Many have free initial consultations and can tell you whether there is a case or to not worry.

Check into getting a restraining order against her if necessary.

Answer 5

I'm confused. How does she have any rights to him? He lives with you and your fiance right? I don't see how she has any rights to see him.

My advice, keep her away from him. She sounds like she needs some serious therapy, and I know first hand how mental illness can affect a child...and it's not good!

Answer 6

Typically, GRANDPARENTS are the only ones who can get visitation rights. I don’t think your aunt has a leg to stand on, she’ll be made out to be a fool. And seriously, please tell me if she DOES win anything. I really think you’ll be okay, but worst case, isn’t this friggen harassment on HER end??

Answer 7

it depends on her rights. if he has been in her custody for too long it could abandonment. wich gives her trial custody. the next time you get him at your house, keep him and lock the door....as long as you have him in your care, you have custody