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Can You Be Forced To Let Your Children's Grandparents Have Visitation?

8 May 2015 by Kenneth Pierce

What if you don't get along with your children's grandparents? Family conflicts involving children can leave parents feeling like they are at actual war over the hearts and minds of their own children, who may be placed in the middle of these very grown-up disputes. What rights do you have, as a parent, to stop your children's grandparents from visitation?

When Does It Become An Issue?

Usually, grandparents' rights become an issue when there's been a breakdown in the core family somewhere. Sometimes, one parent has died or a divorce has caused a rift between family members and the relationship between the parents and the grandparents becomes toxic. And sometimes you may have religious or ideological differences with your own parents or your partner's parents that just make you want them to stay far away from your children.

Disagreements about the well-being of the children are usually exactly what causes the erosion of personal boundaries and leads to lawsuits where grandparents try to use the courts to order visitation despite the wishes of the parents.

What Factors Are Considered?

Every state has different laws regarding grandparents' rights. These laws determine when the courts are able to step in and make a ruling awarding grandparents visitation. In some states, courts can only award visitation if the parents are divorced or the child is born out of wedlock. In other states, the courts can step in and order visitation any time it's determined that doing so is "in the child's best interest."

One of the biggest things that a court is going to look at is whether or not there is already an existing relationship between your children and their grandparents. This can really complicate some situations.

For example, if your children's father died, your once-positive relationship with his mother might turn sour if you remarry. Her inability to accept your new spouse or animosity toward you for moving on may become a huge problem if she's unable to respect your boundaries and keep from making negative comments about your new spouse (or you) to your children.

Or, you may have once had a good relationship with your own parents - until you changed religions. If your parents are vocal about their beliefs in front of the children and refuse to respect yours, that can create a very hostile situation.

What If The Court Orders Visitation?

If the court allows the grandparents visitation despite your objections, keep in mind that you can still ask the court to put restrictions in place that will help enforce certain boundary lines.

For example, you can ask the court to issue an injunction that prevents the grandparents from discussing your current marriage or that prohibits them from taking the kids to church.

If you need help dealing with an issue involving your children's grandparents, and it's devolved to the point where they are threatening you with legal action - take them seriously. Contact an attorney to discuss what steps you can take to minimize the damage to your life and your children's lives as soon as possible.

For more information, contact Mills & Mills Law Group or a similar firm.

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