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dustyrose
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Reged: 04/19/07
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grandparents rights question
      #224200 - 04/19/07 01:41 AM

I have a question concerning grandparent rights. My husband and I are still married happily ( for the most part) but my mother-in-law wants custody of our one year old daughter. She claims that our house is not clean enough for her. ( We live on a military base and get regular inspections and have never failed one once) She says that grandparent rights will grant her custody should she take us to court and uses it as a threat constantly. Can she actaully do this or is it just an empty threat?

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Rebecca5
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Re: grandparents rights question [Re: dustyrose]
      #224202 - 04/19/07 02:10 AM

Empty threat.

I would find your state's laws regarding a grandparent's rights and mail them to her. (You can post your state and someone probably either has them, or knows where to find them) I don't know of a state in the US that will award custody to a grandparent over competent, married, biological parents. Even if your house was a dump, there would have to be some kind of police or CPS intervention....not just Grandma's opinion of your housekeeping skills.

Sounds like it's time to put some space between you all and Grandma, if she's toxic to your family.


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dustyrose
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Re: grandparents rights question [Re: Rebecca5]
      #224203 - 04/19/07 02:12 AM

We are in Nevada

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Rebecca5
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Re: grandparents rights question [Re: dustyrose]
      #224204 - 04/19/07 02:22 AM

You'll notice, as you read this, that it only allows a grandparent to petition the court for visitation....NOT for custody. Your family doesn't even meet the criteria for her to petition for visitation.


NRS 125C.050 Petition for right of visitation for certain relatives and other persons.

1. Except as otherwise provided in this section, if a parent of an unmarried minor child:

(a) Is deceased;

(b) Is divorced or separated from the parent who has custody of the child;

(c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or

(d) Has relinquished his parental rights or his parental rights have been terminated,

the district court in the county in which the child resides may grant to the great‑grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority.

2. If the child has resided with a person with whom he has established a meaningful relationship, the district court in the county in which the child resides also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child.

3. A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or unreasonably restricted visits with the child.

4. If a parent of the child has denied or unreasonably restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by clear and convincing evidence that it is in the best interests of the child to grant visitation.

5. The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.

6. In determining whether the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:

(a) The love, affection and other emotional ties existing between the party seeking visitation and the child.

(b) The capacity and disposition of the party seeking visitation to:

(1) Give the child love, affection and guidance and serve as a role model to the child;

(2) Cooperate in providing the child with food, clothing and other material needs during visitation; and

(3) Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this state in lieu of health care.

(c) The prior relationship between the child and the party seeking visitation, including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.

(d) The moral fitness of the party seeking visitation.

(e) The mental and physical health of the party seeking visitation.

(f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.

(g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child.

(h) The medical and other needs of the child related to health as affected by the visitation.

(i) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.

(j) Any other factor arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.

7. If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the great‑grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated. In determining whether to grant this right to a party seeking visitation, the court must find, by a preponderance of the evidence, that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (i), inclusive, of subsection 6.

8. Rights to visit a child may be granted:

(a) In a divorce decree;

(b) In an order of separate maintenance; or

(c) Upon a petition filed by an eligible person:

(1) After a divorce or separation or after the death of a parent, or upon the relinquishment or termination of a parental right;

(2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; or

(3) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.

9. If a court terminates the parental rights of a parent who is divorced or separated, any rights previously granted pursuant to subsection 1 also must be terminated, unless the court finds, by a preponderance of the evidence, that visits by those persons would be in the best interests of the child.

10. For the purposes of this section, “separation” means:

(a) A legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship; or

(b) If a couple was not legally married but cohabitating, a separation of the couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming cohabitation or entering into a marital relationship.

(Added to NRS by 1979, 326; A 1985, 586; 1987, 1193; 1991, 1176; 1999, 726; 2001, 2712)


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noraj
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Reged: 02/16/08
Posts: 17
Re: grandparents rights question [Re: Rebecca5]
      #361609 - 02/16/08 02:31 AM

have you denied the grandparent visits.dhe may have a case for visitationif so.just because she says your house is dirty is no reason to deny her visits of the child.let her be included,take child to mcdonalds or spend the night she loves him.noraj

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noraj
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Reged: 02/16/08
Posts: 17
Re: grandparents rights question [Re: dustyrose]
      #361611 - 02/16/08 02:42 AM

grandma wants to feel included .make her feel good ask her dto take the child a few days to her home to visit or to mcdonalds.she wants to be a part of his life.just because she says the house is dirty.overlook her.she is getting olderand probly just upset and wants to spend timr with the child.tell her you love her and will let her havr the child one weekend a month or 2 days a week.work something out.noraj

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