PA is a Grandparents rights state. They are allowed to pursue custody/visitation in the event of the death of a parent. I would immediately try to adopt your SD if I were you. I would also secure legal representation now.
Grandparents don’t have a legal right. They can’t just take your kid. They have to fight hard to obtain some but in this case it seems like she might not even get some seems how she was covering up for her unfit daughter so that right there shows she is toxic too.
PA has grandparents rights. I would get an attorney asap and start getting the documentation together from the therapists explaining why she isn’t spending the night anymore. Get affidavits in order from family and friends who know and understand the history. Then look into adoption. Grandparents can’t trump the living parent unless he is unfit. Good luck.
First of all real custody court procedures can only be served by an appointed process server. So you got tricked into cheap procedure legal process. Wow. Secondly they don’t stand a chance with that type of appeal. Biological father has created a family domicile for protection. Just keep doing what you’re doing with legal action proof and itll turn out ok. Can she afford to have it go to court?
It differs from state to state but my understanding is that if she is doing better off without the extended presence of her grandmother and you have medical documentation to back this up then the grandmother will not be able to get any type of custody. The court will always side with the biological parent in this case being the father. Yes she is entitled to visitation but not at the expense of the child’s mental health and well being.
Can’t comment as to your state; but in England I doubt she’d succeed based on what you said, particularly given that medical professionals and social workers are supporting you.
Sorry you lost me with all the SD and BM and BS
I really don’t think you have anything to worry about. Grandparents have no rights, but parents have a constitutional right to raise their own children (your husband) so unless he’s REALLY messing up, you have nothing to worry about. Get everything in writing though.
Be kind, Grandma has had a terrible loss . Just don’t stop her visitation but be very stern.Hang tight to your precious daughter you seem to be doing a great job
You need legal help. Retain a attorney who specializes in family law.
It sounds like she may be entering into dementia or Alzheimer’s. She’s probably having a hard time with the loss of her daughter and afraid she’s going to lose visitation with her granddaughter entirely. I wouldn’t be concerned about the court, they aren’t going to put the child in a situation that’s unhealthy for her (your double recommendations for no sleepovers should be airtight enough). That being said, it may help diffuse the situation entirely to try and work with grandma to reach an outcome. Maybe she can come to your house for a “sleepover”? Quality time with your SD is obviously very important to her, and you need to keep your littles safe and supervised, maybe a compromise like that could help heal the situation. Cutting the grandmother off any more in retaliation is only likely to make things more tense and difficult for her and your SD during an already turbulent time. I wish you the very best and hope so deeply you’re able to reach a happy outcome
You’re an incredibly strong woman for living the life you do, it sounds like you have a huge heart and just want the best for everyone. Follow that big heart and all will be just fine
Since BM is passed. You can legally adopt SD. I would contact a civil lawyer to get accurate information. Good luck!
It is hard and if you are in Alabama grandparents have no rights but you will have to have rock sold proof both parents are unfit
Exactly as tamicka says. You’re already allowing grandma to continue to see her when the visits were actually for BM. The judge will see that. Just have the therapist and pediatrician write letters on her improvements.
Unless grandma can prove you’re unfit. She may only continue the said visits.
Have proof of the therapists saying overnights are not in childs best interest and you should be golden. She enabled her daughter to continue heroin and still have contact with that child then enabled her to not show up and lied for her daughter. Depending where you are grandparents rights can be 2 weekends a year so if she fights i hope she looks stupid in court
I don’t have much advice, but I will tell you that my mother in law sued one of her other sons for joint custody of a grandchild and was granted it just a couple years ago. My MIL is textbook insane and is a tremendously great liar and it worked in her favor, despite a lot of us coming and testifying against it. The best thing for you to do is document EVERYTHING. Every interaction, every therapist visit where they say her routine should be stable, and that any time grandma gives you concern that she’s becoming senile. Sounds like rights on her biological mom’s side need terminated anyway. You’ve raised her and you and her dad should say what goes.
In most states I believe “grandparents rights” don’t really exist. A grandparent may try to sue for custody if bio parents are BOTH seriously unfit (and would have to have tons of irrefutable proof), but otherwise a judge would probably laugh it out of court.
The court will rule in the best interest of the child. SD will have her own attorney, since she is able to speak for herself. If she says she wants to stay at grandmas, then they’ll most likely let her. As far as custody, it’ll take years for some type of agreement but they will most likely settle for overnight visits unless grandma wants to take it to trial.
Grandparents do have rights. I have exercised mine before with great sucess.
In Pa she has nothing to stand on and I’m sure cannot afford a lawyer.
You 2 are married for over 6 months and the child never lived with granny so she has absolutely no rights.
She can file for visits but has to have a defense as to why shes being denied them in the first place and you can have the doctors draw up statements.
She will most likely appear unfit by acting up in court as well.
Don’t worry.
You guys should be fine. I wouldn’t worry. You are doing the very best for her and being with you in best for her, the courts will see that.
Depends on the state. In Texas, grandparents have to prove parents unfit because they do not have rights for visitation. My ex mother - in - law tried to sue me for custody because she found out her son was going to sign away his rights. She lost. As for visits, the judge said it was up to me and her to work out an arrangement that we could both agree on.
I just googled Pennsylvania grandparent rights. She has to live with them for 12 months or be taken away from bio parents. But if you really took her to a therapist than get a letter saying they recommended to cut the over nights. And document everything with times and dates. The courts try not to take kids from their home without a very good reason.
Good luck hope you win
Shared custody will not happen. She may be granted visitation, but even that’s unlikely. Don’t stress it, and respond with maturity. Don’t speak to her anymore, at all. Direct her to speak with your lawyer.
Depends on the state Mississippi has no grandparents rights
As a therapist in pa. I can tell you if theres been no cys involvement with your husband and yourself then this grandmother has no chance. The therapist would have their case notes and could provide them in family court as long as ccbh will allow.
If you find out please let me know, raised one til 5 and same deal.
In Louisiana grandparents can get rights if their child is dead,declared incompetent or serving a long sentence.no attorney needed
In ky its up to the judge. If they can show its beneficial then they could get rights. My exs parents did. It lasted about a year…
Go see a lawyer and get the advice you need. Take all your info you have got from dr, and any one else.
In any state if a biological parent passes away. Grandparents can file for visitation/ custody rights on behalf of the dead parent.
They gave to prove the living parent unfit for care of minor.
If she gets anything it will probably be the agreement already in place with the time frames especially if both therapist have stated her issues
Im in PA and I’m almost certain the only way grandparents rights work here, is if the child is being severely neglected or abused and the biological parent(s) cannot properly care for them, at all.
i would also make her counselor aware of this since this could cause more issues or back sliding
Illinois doesn’t have grandparents rights
It depends on the state. My grandparents fought for rights to see my cousins (NYS) after a very long battle of over 2 yrs they finally were given about 10hrs a month. The court will take everything into consideration expectally the therapies recommendation
She has absolutely no right and there’s nothing here to say that she has any legal right to take towards you. There’s no evidence of neglect or unfit parenting. Go to court and fight her, you will win.
In Colorado my family member got one overnight a month for grandparents rights
I live in PA and yrs ago my inlaws sued me for grandparent rights and they would get her every other Friday from after school until I believe 5pm then turn her over to her father who lived with them. in summer they got her @9am every other Friday until 5 .
Grandparent rights dont exist in pa. You shouldn’t have anything to worry about.
Grandparents rights, to my understanding, only exist if the child was raised by/lived with the grandparents for at least 9 months or if parents split up and one parent keeps child from grandparent who was previously very much involved in the child’s life. So like if my husband and I divorced and his parents regularly saw my kids and then I got custody and no longer allowed my kids to see his parents, they could try to get visitation rights.
The court will do whatever is best for the child. As far as grandparents rights it varies from State to State. But take all documents and have the child’s therapist testify.
N the person who asked this ques is the fathers parents?
According to pa law, grandparents can petition if the child has lived with them for 12 months or the child was removed from the parents.
I would distance myself from that lady asap. Her tirade is unsafe, unhealthy and does absolutely no one any good. Let her take you to court. Zero contact. If she is as sick as you make her skin than why put your SD through that. How selfish.
I dont know about grandparents rights but I do know that the judge is supposed to do what’s in the childs best interest so if you’ve already had multiple professionals tell you sleep overs are not good then I’d assume the judge would side with that opinion. The judge will probably tell her that she gets a good schedule already and that everything has to be done for the child not for her own feelings. It’s a horrible and sad situation but she has to realize that her granddaughters health is more important than her grieving.
Grandma is probably tired of not seeing her grandkid everytime she wants to,and we listen to therapists also but we dont do every single thing they say,so we dont jeopardize our family by listening to a therapist an doing exactly what they say as we do some of what they say but not all of exactly like they say. Everybody has bad days an if my grandmother couldnt see me but only certain times it would probably literally kill her because of depression so my grandmother has her own days where she literally tells and screams to let out anger from other situations,and theres nothing wrong with that,the baby will get use to different stuff it may be harder for them to get use to it but they will get use to different situations,now I understand missing the baby while he/she is at grandma’s event though shes very close just like I understand grandma miss the baby when it’s at home,of course grandma’s are suppose to spoil babies and keep them and stuff like that and grandma is hurting also because she can only see the baby a couple of certain times,the drugs wont be around anymore so I dont see a reason for grandma to not get to see the baby when she wants an if and when possible besides when therapists tells you to let her do whatever. GRANDMAW ISNT BEING ANY KIND OR TYPE OF SELFISH ALL KIDS LEARN TO HANDLE DIFFERENT SITUATIONS AS IT MAY TAKE SOME TIME BUT THEY STILL LEARN TO HANDLE DIFFERENT SITUATIONS AND THAT ISNT A REASON TO ONLY LET GRANDMAW SEE HE/HER ONLY WHEN THERAPISTS TELLS YOU TO,AS SHES A GRANDMOTHER,IT MIGHT NOT BE BEST TO CUT OFF SLEEP OVERS OVER ONE THING THAT HAPPENED. I went through a similar situation with my mom,and my grandmother ended up raising me and finally way later on my mom came back and started a methadone clinic and is off everything and is actually working and paying her own Bill’s but my grandmother had custody of me and never told me no about seeing my mom ever,instead of telling me no,she got up in middle of the night when I started crying literally all the time an drove 45 minutes away just for me to be able to see my mom,and now we all three live together. THE SITUATION IS WHAT YALL MEANING EVERYBODY MAKES IT,IF YALL DONT WANT IT TO BE HARD THAN QUIT LISTENING TO THERAPIST AND LET GRANDMOTHER SEE HER BABY WHEN SHE WANTS,AND TAKE IT FROM THERE,BUT I WOULDNT FOLLOW EVERYTHING A THERAPIST SAYS ALTHOUGH THEY DO HELP SOMETIMES BUT I WOULDNT FOLLOW EVERYTHING THEY SAY AS THE PEOPLE THAT’S IN THE SITUATION MAKES THE SITUATION WHAT IT IS,GRABDMAW WANTS TO SEE HER BABY,AND YALL ONLY WANT TO LET HER SEE HER JUST SOMETIMES BECAUSE OF WHAT A THERAPIST SAYS,ID START LETTING GRANDMAW SEE HER AND IN TIME ITLL GET BETTER WITHIN ITSELF AND IF GRANDMAW WANTS TO SCREAM BECAUSE OF ANGER OF NOT SEEING HER GRANDBABY THAN THATS OKAY EVERYBODY HAS TO SCREAM SOMETIMES TO GET THROUGH LIFE.
NV doesn’t have grandparent rights in NV unless the child(Ren) are being severely abused or neglected. I went through this about a year ago.
Depends on state. But grandparents rights are for when the biological parents has passed away. But depends on state.
Payton Densmore every other weekend from first thing in the morning til evening time is a great schedule. It’s more time than a lot of kids spend with a grandparent. And the person who posted the question isn’t wanting to stop the little girl from seeing the grandma. They are doing what’s in the beat interest of the little girl. Anxiety and stress over spending the night means don’t let her spend the night they can always work back up to that as the little girl gets older and adjusts to the fact that her mother is dead now.
It’s my understanding that the grandparent would have to be able to show that they have significantly contributed to the raising of the child financially as well as physically in order to obtain rights.
I just want to say, you all sound like an incredibly loving family. I don’t know anything about laws in PA honestly. But with her therapists to back you up, and how obviously you are providing a loving stable home for your daughter, I can’t see any judge agreeing to make you share custody. Simply because grandma is sore at you. Family court is all about what is best for the child, or at least it’s supposed to be. Shared custody in any way would clearly not be in her best interest.
It also sounds like grandma needs some serious grief counseling and therapy. Grief and guilt can make your brain do strange and extreme things.
It sounds like you guys are doing a great job and letting SD still have a relationship with grandma. Why don’t you go file for adoption?
SD is not your kid. Stay out of it. Let her father and her BM family figure it out.
Since overnight visits were stopped at the recommendation of the child’s therapist I don’t see where the grandmother can fight that. You are still allowing her to see her granddaughter so she can’t say she’s being kept from her. I’ve never heard of a grandparent having shared custody. Especially when the child involved has a loving and stable home. If your husband was served papers that means there’s a court date I’m guessing. My biggest concern would be to question if the grandmother is stable enough to even spend as much time as she already does with the child. If the boyfriend thinks grandma is going “crazy” I would be worried about whether or not it’s a safe environment for the child to be in even for an unsupervised visit.
State of Florida, grandparents have zero rights unless BOTH biological parents are incapacitated or deemed unfit. Just wanting more time or extra privileges doesn’t qualify. The fact that you are following the advise of multiple pediatric experts definitely demonstrates that the best interests of your SD are the priority.
She won’t win custody and since she’s going crazy I would let her over there anymore.
In Pa she can have visits but I’m not sure if they are overnight or not. She won’t get partial custody tho, no way.
You are an awful person
Justifying your bullshit lie by bringing in what a “ therapist “ said
That biological grandmother has more claim to that little girl than you do
I hope she wins permanent visitation
Put your lying ass to shame …
What a load of justified bullshit …
Have you filled for guardianship? If not. File for emergemcy guardianship. I have been raising mine there entire life. I have permanent guardianship.
Grandparents dont have rights. But I would get a residency order over your daughter. (I know she not biologically yours) but you are an incredible woman and are doing and have done everything a loving mother would do for their baby. Well done you. As for Grandmother, she sounds incredibly selfish and if shes been talking to herself in mirrors, I would say she isnt fit to have the little one xx
Your up your ass women you are not this child’s mother that women lost her daughter she could be losing her shit out of grief you think about that nooo you wanna use it against her and you and your husband will do anything to slowly take this girl out of her life work with her grandmother not against her talk to her step up and be a women say hey your gonna stop doing this that follow owe routine and help us such a coward the pair of you let her have sleep overs with her nan ask nan to seek therapy for her issues she lost her kid her child you poxy idiot…
Structure and a set routine, a healthy diet…while the child is going through this transition and the phases of grief
A treat is not bad but it needs to be one not all junk all the time, is that grandmother open to your recommendation about cutting back on junk food and supporting some healthy food and snacks as well?
Some people did not grow up with healthy eating and do not realize how bad or the effects from junk food and sugar filled snack.
It took my kids telling their dad they did not want fast food because it gave them acne…he still did not understand and always pushes the fast food
Just a thought
I think the kids mental health overrides whether the grandmother gets “overnights” .
Given that you have sought the advice of 2 separate pediatric specialists with the same outcome, and the information you were told about Grandma’s mental health, she doesn’t stand a chance. She will be lucky to have supervised visits if she pursues this…
Wow!! The name calling in the group is ridiculous!!! I get it’s inappropriate and unfiltered mom group but I did realize that meant we could be rude and degrade other mom I think that this is a touchy subject maybe grandma is struggling with the death and needs help and overnight do need to be stopped until things are better the health and safety of your daughter is just as important as her rights to see her and mental health. I don’t she should have custody that should be the fathers but I do think she should still get supervised visit till she is better then maybe unsupervised and who know you may even be able to do overnights agin.
Please ignore all the nasty comments, some people apparently don’t understand that step and adoptive parents can love their children and have every right to care about what’s best for the child. You’re doing an awesome job, you’ve been the only real mother to her for 6 YEARS. Grandma won’t win shared custody since the sleepovers were discouraged by therapists and there has been improvement since, and if she’s going crazy then she needs counselling. Just because she’s grieving does not mean she can “replace” her daughter with her granddaughter, it’s not healthy. Sending lots of love! Again, please ignore the hurtful comments, obviously they don’t understand how love really works. You’ve done an amazing job
The maternal grandparents have more of a chance to get custody