Question about Visitation Rights

Question

am 13 weeks pregnant. My boyfriend and I got into a fight the other day, and he slapped me on the arm because I said some hurtful things to him and threw his paperwork outside. Well he told his mother and now shes saying she is going to take me to court for visitation rights once the baby is born. I explained to her that when the baby is born I won't feel comfortable being seperated until its older and now she is saying shes going to get courts involved so she can take it by herself without me

I wouldn't put it past her to try and get custody as she is extremely controlling. I live in New Mexico, what rights to grandparents have as far as visitation rights and taking custody? Because of this one fight she is saying we are too violent to have a baby. I am so scared, nothing like this has ever happened to me and I don't want to lose my child to her.

Answer 1

Grandparents do have rights to visitation, but only in certain circumstances.  Also, when you are talking about an infant, you would not be separated for grandparent rights.  I would HIGHLY recommend breastfeeding if there is going to be any issue about visitation.  That prevents separation until the child is at least 12-18 months...not to mention increasing your bond with the baby and providing health benefits.  Even at that time, visitation would likely be at your discretion.  She is just threatening.  You would be safe to tell her to GTH unless you have a criminal history of violence against children, drug use, or prostitution in the recent history.  Parental rights almost always prevail.

Answer 2

I don't think grand-parents have any rights at all regarding their grand-children.   Only biological parents have parental rights.  And nobody has any right to take away your child, unless there is evidence that you've abused or neglected your child.

If your mother-in-law takes away your child on her own.  Then she can be charged with kidnapping, when you complain to the police.  And she most likely would end up in jail.

Answer 3

Fair warning.. if you ALREADY KNOW this woman is severely controlling, you need to do what is needed to keep her from interfering in your life. Per what you say.. this was ONE fight, and she was not even personally there.

Filing for custody means that she HAS TO PROVE that you are unfit as a parent. You may have issues.. one fight does not prove you are violent or unfit.

The other concern is the dad. He can file for rights to visitation. In general, unmarried mothers automatically have sole custody, until and unless courts give rights to dad.

Unfortunately, how badly my daughter's husband was a mother's boy, was clear to everyone but her, and it only got worse after they got married. When moms are pathologically controlling of a son..it does not always change, and please, don't blow this off. Think very carefully, if you are considering marriage, since that would give him more rights by law.

Answer 4

she doesn't have any rights. tell her to p**s off and tell her if she mentions court again you will never let her see her grandchild.  

Answer 5

It depends on your criminal record.  Best bet is to exercise some self control.