Grand Parent Rights, and Crazy People!?

Question

I am 19 years old, I have an almost 8 month old son. My son and I live with my parents while I go to school to make something of myself..so that I dont have to rely on other people. My sons father...my ex...lives about 15 minutes away and gets to see our son all the time.

Unfortunately things between the two of us didnt work out..but I am not denying him his son...or his rights as father...even though as of now..he pays not a penny in Child Support, and doesnt take care of our son in any way..my parents are doing that...(Thank God, because I dont know where I would be without them at the moment..)

So My ex does not take the baby anywhere..(our son is a breastfed baby..) He needs me...There are days he will fight a bottle and wont sleep for anyone but me..

But even though I do not let him take our son anywhere...he sees him all the time.

Its not my ex Im worried about...Its his MOTHER. She has always made me feel sick to my stomache when it came to my son...I feel she has some sick obsession with my baby..I always felt that way..even when I was first finding out I was pregnant..It was a gut feeling that she wanted to take my son from me... (She is on welfare and in section 8 housing..and she is running out of dependents..I feel thats why she wants my son..) You dont know her..I do...

But anyway..I found her to be a complete pain in my *** when it came to my son...sadly...Im not even comfortable to change my little boys diaper in front of this woman...she had threatened to take me to court while I was still with her son...(That was when her son told me he would choose his mother over me..I decided...Fine..then we dont need to be together...)

This woman has been trying to mess my life up since my son was born..She has tried to get my father fired from his job...and has called cps on me as well as she is now taking me to court for "Grandparent Rights..." She wants either "Possession of, or Access to" my son...

Not only that...But she wants a restraining order up against me and my ex so that we cannot see our son while he is with her...

Tell me how this is possible in the state of texas for a woman who doesnt even KNOW my son to take my happy healthy baby from me out of her own selfishness???

Does anyone see this as right??

Does she not seem INSANE?

Answer 1

None of it is right and she has no rights to your child not even visitation, she is nothing more than the fathers mother, she can't fight for crud. She can serve you all she wants but she will NEVER be granted any type of visitation or custody in a court of law and for goodness sakes she shouldn't!

My husbands mother "was" like this, I cut her off, shes not allowed to see the kids and I won't let her near them because she gives me a nasty feeling and you know what that's my right as a mother, to keep my children and raise them along with my husband my parents his parents none of them have a right they have the privilege!

Personally I would go to Human Services file a child support order with DCSE get your child support it is NOT FAIR for him to be a part of your sons life and enjoy this great thing without helping you! Along with that I would file a restraining order against this woman for fear of her kidnapping your child, she has no right to be near you or your baby.

You are not served unless a Police Officer hands you those papers!

Do not give this woman any rights, she doesn't deserve them! How awful, personally I would move, your ex sounds like hes stuck on the boob of mom even when shes serving him papers. This is a cruddy situation and I wish you the best, if anyone ever tried to take my children from me it wouldn't be pretty.

Keep that baby close to you! If this man will side with his mother for anything, I would be more worried they would take him and dissapear... Record and Save everything this woman says to you!

Call a lawyer a good one a discuss this, you need to.

Here's some Texas law for you ;0) Thats where hubbys mother is:

A. There are no automatic grandparents’ rights in Texas. Unless they go to court, grandparents have no rights to visit the grandchildren. This does not mean they cannot see the grandchildren. It means they must have the approval of one of the parents. Under some circumstances, grandparents can obtain a court order to visit grandchildren over the objection of the parents.

Grandparents can petition the court for custody of your children if the children have lived with them for at least six months and they file the petition for custody within 90 days of the date the children were no longer living with them. They may also petition for custody if there is an emergency that endangers the health or wellbeing of the children. Grandparents have the burden of proof to demonstrate that the children are better off with the grandparents and must also prove that living with a parent would be harmful to the child

And guess what?? If you guys were never married she can't do S**T! You can tell her to fork over 600 for a DNA test and then tell her to hire a lawyer.

Edit: It states clearly in Texas law, that if the child does not know the grandparent and its not benifitial to the child to be in this situation also being against the legal and full custodial parent, there is no way she will get anything she is asking for. I think you will be ok and I really feel you, it felt like my world was falling apart when I had to deal with it, she won't get anything the fact she is trying to get a restraining order and visitation against you is going to get laughed out of court.

Express how you feel and if by any chance which I don't think there is one, ask for supervised visits because you don't trust her with your child.

Just call a lawyer and get free advice. Regardless you need a mean lawyer someone who understands this and will ream her @ss in court, its worth the money to keep your child where you want him just in case, no one can treat a baby the same as their mother, I have 2 kids and I feel that way still no one can do it like I do :0P

Answer 2

Grandparents dont have rights, what is she talking about.

she cannot get custody unless she can prove that you are unfit to parent. And after that, she would still go up against your parents for custody.

she does not have a right to visitation or anything else.

Answer 3

I am quite sure that as long as you are providing for and not abusing your child, she has no right to take him from you. I think she is kidding herself if she thinks she could ever win a case on that living on welfare in section 8.  So I would say that if you don't want her in your son's life then tell her to beat it and don't go to see her and don't let her see your child. there is not anything she can do about it.

p.s.-- this woman sounds psychotic...

Answer 4

she wants a restraining order over her own son?

get a lawyer, tell the courts you want her to seek counseling because something is obviously wrong. they wont just let your kid see her like that, its insane.  

Answer 5

I'd say she was just blowing sake trying to bully you into something

I did a little reading and it looks like she has no way to get this done unless

1) she had a prior relationship (no)

2) you are shown to be unfit (don't know)

3) there is harm to the child if visits do not occur (no)

4) the child's parent has died (no)

I don't see any court siding with her and she is in no shape to hire an actual lawyer to get it done

If she continues rants/raves you could actually get a restraining order against her instead

YOU are the mother and so your rights and wishes trump all others unless you are shown the be inept or hurting the child, you even trump your ex-husband, woman is nearly always in charge

I'd just say work out a limited visitation that is supervised only and if she complains then cut it off altoghether

Answer 6

Grandparents do have rights.

BUT..In no way can she get physical custody of your child nor can she have your child taken away unless there is abuse (which there would have to be proof)

She might just want to get to know her Grandchild.You never know..if she has found out that she cannot get custody and still wants to see your son, then she probably wants to be a grandmother and not a care taker.

Besides, there is no way that she will ever get custody if she is on state assistance and I doubt she has the money to make  real fight.She is probably trying to scare you.

I cannot really judge either of you because I do not know either of you but it will be up to a judge to decide.I will say this, don't slander her name OR call her names otherwise you will seem very immature and it can be used against you.

If she lied when she filed then she could get into trouble.

I would make an attempt to have her see your son to prevent this from going to court.You don't want to drag your son into this mess.Maybe you guys could make some kind of rational agreement and put your differences aside.If you make the attempt maybe she would change her mind.

Good luck because this sounds like a very tough situation!