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olivekisses
Dec 23, 2010, 04:23 PM
Hello. I am writing to ask a question about grandparents law in NYS.
My Husband's mother is threatening to sue us for visitation of my four year old daughter whom she has never shown any interest in seeing. Recently, my husband and her stopped talking due to a build up of things. Usually my husband will talk to her but he has stood his ground for 4 months now. Since she is seeing that he refuses to talk to her until he gets an apology she has turned the subject to my daughter and says that she wants her to visit. Now, mind you that she hasn't asked to see her for four months. Before this happened my daughter went there on occasion when he was there. She never attended a birthday party or anything else. It has been an uphill battle with her because she doesn't care about my daughter at all, it is only convenient to care when she wants to start problems with me and my husband or in this case to try to force him into something.
Three issues... Her husband is a convicted felon with a felony gun charge and multiple DWI's. She is legally blind and this would be her transportation and he would be helping to watch her. Second, my husband found some disturbing pornography on the computer there that can be linked back to the husband. Her husband is a racist and my daughter is half black.
I could easily prove this case is for spite purposes only. Me and my husband both work full time and my daughter goes to a private christian school. We have no criminal background. I don't think she should be pulling my daughter through the system over
Spite. Besides what case does she have?

ScottGem
Dec 23, 2010, 04:52 PM
You should find this helpful: Visitation Rights of Grandparents siblings and others. New York Divorce and Family Law, the definitive site about divorce, child support and custody. (http://www.brandeslaw.com/grandparent_and_nonparent_visit/visitation_rights_grandparents_siblings.htm)

It would appear that they have a very weak case. A key component of a suit for grandparents visitation would be a significant relationships between the child and the grandparents. Something you say doesn't exist.

Unfortunately that doesn't mean they can't file and take this to court.