[wvgirl_1981]

I have an 11 yr old son with Asperger's Syndrome. My mom's ex is threatening to get a lawyer to get his grandparents rights established. Here is the story:

We lived in WV and things were really bad with my mom and step dad. There was constant arguing and fighting. My son's Asperger's was getting worse because of all of the tension in the house. My mom kicked him out due to issues they were having over the years. He now lives in IN and we now live in TN with my real father and my little brothers. My son realizes what all happened in WV and he wants nothing to do with my step dad. There is some illegal things that he also does that I do not want around my son. Does he have any kind of rights to my son? If so, if he goes to court to try to establish them will I have to go up to Indy to the hearing? I need help because I do not want him anywhere near my child!

[simpleman75]

My guess would be that he has no rights, and with the previous issues with your mother and illegal activity it is highly unlikely that any judge would grant them. Generally if he was a major part of your child's life, and the separation from your son would cause your son any issue, then the judge may be lenient.

Have any of the illegal activities been documented?

From what is sounds like, this guy was a total . Not like the type of person that would really want to see his ex-step-grandson. He may be threatening this just to cause further issues.

Ultimately, laws vary state to state, and with the current arrangement I am not sure what state would handle it (IN, WV or TN). And even then much of it depends on the judge.

[ebaines]

In TN a grandparent's rights come into play if (a) either of the parents are deceased, or they are divorced, or (b) the child resided in the home of the grandparent for at least 12 months and was subsequently removed from the home by a parent. The grandparent must also show that loss of contact will cause "direct and substantial harm" to the child. It's a pretty high hurdle, and given that the ex actually moved out (OK, he was kicked out by your mom), as opposed to you removing the child from his home, and that the ex then moved out of state it seems clear that there wasn't that great of an emotional attachment. By the way, the definition of "grandparent" is biological grandparent and his/her spouse - so assuming your mother and step-father went through divorce it's not clear to me whether he still qualifies as a grandparent for these purposes or not. However, the ex is entitled to file a case if sees fit, so if he follows through you may have to enlist a lawyer to argue your side.