wvmommy
recently joined
Reged: 04/22/09
Posts: 1
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My husband and I are married and there is no divorce or anything pending. We have a 2 yo and we are pregnant. Recently my husbands sister has been threatening to take us to court to get grandparent and aunt rights for visitation. We have zero problems with my husbands mom seeing the kids. However she lives with the sister so there are problems there. What I have read so far is that only grandparents can get visitation rights. Is that true? Also can it be stated that the sister is to not be around the children? Or like stipulations saying that the grandmother has to visit with the children at a third party place like the library or something? I think its sad anyway that a married couple with children can have someone come in and demand visitation rights. Also to mention due to physical limitation with the grandmother she cant take care of the kids such as change diapers and things like that so this would fall to the aunt.
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9400
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Fight it every step of the way. I would fight until such time as they forcibly took my child out of my arms and turned him/her over to the grandparents/aunt. Nope...not my kids.
That said, what a Judge will do is dependant upon your state. You're going to want to research the laws in your state. Most states, you can't get visitation with the kids if the parents are still married and against it.
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mommyof9
old hand
Reged: 10/04/08
Posts: 1176
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Wow. Your SIL is nuts! Look up your state codified law, but I think its the same as VA. Even GRANDPARENTS have no chance of being awarded visitation rights if the family (you and your husband) are intact. If your SIL or MIL want visitation, then they better learn to ask real nicely!
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Hope for the best, prepare for the worst.
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mommyof9
old hand
Reged: 10/04/08
Posts: 1176
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“The West Virginia Grandparent Visitation Act, West Virginia Code §§ 48-2B-1 to -12 (1998) (Repl. Vol. 1999), by its terms, does not violate the substantive due process right of liberty extended to a parent in connection with his/her right to exercise care, custody, and control over his/her child[ren] without undue interference from the state.” Syl. Pt. 3, State ex rel. Brandon L. v. Moats, 209 W.Va. 752, 551 S.E.2d 674 (2001).
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Hope for the best, prepare for the worst.
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