Can grandparents motion a court for visitation?
I did not put the father on the birth certificate of my baby girl. I have not received an ounce of support but now the grandparents on his side want to see the baby but I am not responding. Can they take me to court to get visitation and if they get visitation will they have to pay? Thank you
Answers:
Depending in what State you life in.In your case they would have to prove that they are the Grandparents, which will cost them more then a few pennies. The Grandparents usually will not get ordered to pay Child Support, but the Father of the child can get ordered.
If I was you, not knowing your circumstances, I'll collect any bad info about them, just in case they take you to Court. Good Luck!
P.S. If you can't afford an Attorney, most States have legal aid available.
Yes they have to pay, its not in his name and they cant force you to show the baby and if they can take you to court they will have to pay child support.So they either have to pay to see the baby or dont see the baby at all.
Anyone can motion for visitation, but wheter its granted is dependent on a few things. First, the grandparents will have to prove the relationship to the baby. If they can do that through DNA or other records, they are in the game. Second, it depends on the best interest of the child whether the child should have a relationship with the grandparents. If the child is 10 years old and has never met them, the court could very well say not necessary. The grandparents will not be responsible for child support. They may offer it, but it is not their repsonsibility to pay.
The question is this: do you fear contact from them? If so, why? Unless you are unfit as a mother its not as if they can take away the child.
Yes, they can, but they would have to prove paternity and that would lead to your getting child support from the father.
I don't mean to sound like Dear Abby, but wouldn't it be in the child's best interest to know her grandparents? It seems like it would be two more people to love and spoil her.
I just hope you are not letting animosity towards their son to effect your decision.
Actually it depends on the laws of your state. Such as, in Texas grandparents rights are not recognized. You need to check the laws of your state.
if the child's father is not on teh birth certificate and paternity was not established in family court via either a Voluntary acknowledgment of paternity that you both signed or a DNA test, then he is not the legal fatehr of teh child, as far as family law is concerned. threfore, they cannot sue you for visitation, they too have no legal rights ont eh child. What you can do is an out of court agreement between you and the grandparents to see the child.
Now in terms of child support, if you are on public assistance, DSS will send him a summons with regards to child support, if he has not established his paternity, he will have to do that first. If you want to sue him for support, same thing, he has to have a paternity established.
With regards to visitation, tehre is no law that says that visitation is only when child support is paid, in fact, and I don;'t know where you live, most cases in child support courts are not heard by teh same judge for visitations. A fahter has the right to see his child regardless of child support payments.
that said, the least you need to know is:
does he have a parternity established in court?
If so, Is there an order of support agasint him already?
If so, is it a private order or a DSS order?
you can email me at
ouiouigirl@yahoo.com if you want more answers.
They can take you to court to attempt to get visitation.
They have to prove, however, that there is a valid reason to believe they legally have that right to visitation. I.e. they have to prove the father is the father or in some other way that they are related. Not putting the father on the birth certificate only hurts children -- it doesn't reduce fathers rights, nor does naming them on the birth certificate automatically require them to pay child support. IT only makes the child feel unloved, and used.
Do they have to pay child support? Nope, this is not their child, and even the father wouldn't be disallowed visitation for lack of support payments.
However -- all that aside, is there a reason you wouldn't want them to have visitation with the child? Children can use all the family they can get -- and just because these people raised a deadbeat son doesn't mean they wouldn't make good grandparents to your child. They also may offer some free child care so you can have time to yourself. Unless you think they are trying to hide their son from paying support and having him see her, it can usually be to a child's benefit to see their grandparents.
Plus, if you give them "visitation rights", then you get more control of when/if the child sees them.
If you don't feel that having contact with these people will be a positive for your daughter, then CUT AND KEEP THEM OUT! My "Mother-In-Law" has NEVER met my 4 yr old daughter and as long as I have breath in my lungs, she NEVER will. I know that she would be poison to my little girl and if that "woman" EVER tried to sue for visitation I would expose her for the worthless waste of oxygen she is. Fight for your daughters well being even if it means resorting to trashing their reputations. Only YOU should EVER get to decide who is involved in your child's life. PERIOD. And you don't have to trash them to your daughter, just don't tell her about them. My daughter doesn't even know her paternal "grandmother" exists. Do whats right for your family, screw everyone else.
In some states, grandparents can legally file for visitation rights. This does not mean that they will try and take your baby from you; they just want to see their grandchild.
The fact that you are wondering if you can, in all actuality, hold your child for ransom (in reference to "will they have to pay") sounds like you are not really thinking of the childs best interest. Of course, I do not know the story behind it, so it is an assumtion on my part. I would however suggest that you at least consider what the grandparents may possibly be able to give your child; love, security, foundation. Which in turn, could make your life easier.
Grandparents have years of knowledge that you have not had the time or opportunity to attain yet.
Good luck to you and your baby girl.
It's the babies grandparents. Why wouldn't you let them see their grandchild ? Just because you and the father don't get along that is not their fault. Will they have to pay ?!?! Why would they, It is not their child ? Sounds like you are using the baby for money. Grandparents are very generous by nature...I'm sure you would get quite a few things. Back to the first part of the question. Since he's not on the birth certificate, they would probably have to do the DNA thing, then sue for visitation, which in most states they would win. And guess what, if they win they can sue you for lawyer fees. There was a lot of this going on at one time and still is. Couples would break up and deny visitation to the grandparents, when the grandparents had nothing to do with it.
So unless your baby is in danger of being kidnapped or in some sort of danger, let them visit and enjoy their grandchild.
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