Need info on Grandparents visiiation rights.

Question

First off I live in North Carolina b/c I know that Grandparents Rights vary by state. Second, I am not getting divorced nor seperated b/c I know that comes into play. Third, there is no abuse/neglect in my home whatsoever. My husband has a steady job, we have a decent home, and my children are cared for.

Now...

I have refused my mother to see her grandchildren b/c I do not want them involved in the type of lifestyle that she has. She is a belittling, adulterer, psycho woman, who managed to give me h**l throughout my life and I REFUSE to have her do the same things to my children.

Now...apparently NC has no grandparents rights, but a grandparent can file a petition for visitation when a divorce/seperation occurs between the parents....now as I said before my husband and I are together and not seperated nor will we ever be. So there is no way that she can get visitation of my kids right?? Just making sure there is nothing hid that I don't know about. I have already called one lawyer who told me "GR do not exist in NC, and I do not know of a statute that would allow visitation unless abuse/neglect etc. was occuring, and NC gives parents the right to raise their children without intereference from the courts as long as they are taken care of". I just want to make sure that this is all correct so that I can quit worrying about it.

Thanks!!

Answer 1

Many years ago our United States Supreme Court ruled against Grandparents visitation rights. They have none whatsoever..........Period

Answer 2

you are the parent, you have full authority over the child and you have the right to refuse to let your mother see your children.

The grandparents visitation rights in divorce are not intended to force visitation upon parents. Lets just say for argument sake that you divorced your husband because he was a drug addict, but his parents are great people and perfect grandparents. Your husband wouldn't have visitation rights to the kids. This is where the grandparent's visitation rights would be applicable. His parents would be able to get a court order to allow them to see their grandkids. This way a divorce doesn't separate children from their grandparents when it doesn't have to. (I'm not saying your husband is a drug addict, it was just an example).

If you refuse to let grandparents visit your children because you don't believe they deserve to be part of your children's lives, then no court would force you to let your parents visit.  

Answer 3

Under your fact pattern, its highly unlikely any Judge would even consider her motion for some type of visitation, now under a different fact pattern I.e. abuse in the home, separated, grandmother was the primary care giver then sure, but in a healthy home its your choice to refuse your mother the right to visit the kids if you feel its in their best interest  

Answer 4

Let her take you to court if she wants.  She cannot force the issue if you are together.  The only visitation rights she could get in a separation or divorce is if your husband got custody of the kids.  She can not force you as her daughter to go see her.

Answer 5

Visitation "rights" are determined in court. She could take you to court but it would be costly. If what you have said is true, and provable, she would probably lose anyways. Since there is no divorce involved, I don't even think she could take you to court.

Answer 6

The state of North Carolina permits grandparents to litigate visitation rights when parents divorce, even on the objections of both parents.

http://www.nc-family-resources.com/libra...

This is what I have found, but it does not say, specifically that they are given those same rights if the parents are not separated.

Answer 7

No, there does not appear to be any legal recourse for your mother.  

However, I see this as an opportunity for you and your mother to work things out.  

Although I understand your concern for your children and want to make sure that their upbringing is good, is admirable.  I am concerned that your kids may be harmed by not having contact with your mother and your kids should not be used as a weapon to exact some sort of revenge against your mother for an upbringing that you found miserable.

I suggest you use her mother's desire to see her grandchildren as a tool to work the issues out that you have.  You may suggest working on your issues together with a therapist and have visitation with her grandchildren as a reward for cooperation.  

It will certainly make it a lot easier to explain to your children why their grandmother cannot see them.  "Well, she can see you, but your grandmother and I need to work some things out first, and your grandmother refuses to do so."  So, it's not that you won't allow your mother to see her grandkids, its that your mother refuses to take the steps necessary to see the grandkids.