Is my daughter's grandmother entitled to visitation if she has threatened to kidnap my child?
Full Question:
My daughter is six yers old. Her biological father wants nothing to do with her and has avoided the situation since prior to her birth. My older childs father gave her his last name and signed an Affidavit of Parentage when she was born. He nows pays child support on the children and has regular visitation with them. They know no other father. When my daughter was 1.5 years old a DNA test was done in KY proving that Bob is her biological father. He has not attempted to pursue any rights of any sort and continues to ignore her. She has no idea about him or his family, having only met them when she was a year old. Jasons mother has been threatening and harassing me for yers. She has stated she will kill me to get to my daughter, kidnap my daughter, she follows me, attempts to coerce my child in public places. I had a PPO against her in 2004 and a new one was issued last month. One current PPO is in my name the other current PPO is in my daughters name. She has now filed for a hearing in our local court system for Grandparent visitation.(She doens't even reside in MI) I am frantic with worry, if she gains visitation she has already stated to multiple people that she will steal my daughter no matter how long she has to bide her time to do it. My daughter is health impaired and has had multiple surgeries for a birth defect, she requires ongoing and constant medical attention. This woman knows nothing of her health problems. WHAT SHOULD I DO?? I have very limited resources and cannot afford a pricey attorney but I do not have faith in legal aid to fight for my childs safety and well being. Does she have rights when the biological father doesn't want any? Did the DNA test in KY automatically give her any rights? Can she get visitation with two standing PPO's against her? If she does succeed, can I demand supervised visitation indefinitely? I am so terrified of this woman I know if she is given visitation she will take off with my child as she has been threatening to do for years.
05/17/2007 |
Category: Divorce ยป Grandparents... |
State: Michigan |
#5062
Answer:
We apologize for not being able to respond to your question before your court date. If you still need information regarding your legal question, please see the following relevant Michigan statutes regarding grandparent visitation:
Order for grandparenting time in child custody dispute; action for grandparenting time by parent of deceased natural parent of unmarried child; effect of adoption by stepparent; commencement of action in circuit court; affidavit; notice; opposing affidavit; hearing; basis for entry of order; entry of order for parents of putative father; condition; record; frequency of filing complaint or motion seeking order; attorney fees; order restricting movement of grandchild; effect of entry of order; modifying or terminating order. [M.S.A. 25.312(7b)]
Sec. 7b.
Except as provided in this subsection, a grandparent of the child may seek an order for grandparenting time in the manner set forth in this section only if a child custody dispute with respect to that child is pending before the court. If a natural parent of an unmarried child is deceased, a parent of the deceased person may commence an action for grandparenting time. Adoption of the child by a stepparent under chapter X of Act No. 288 of the Public Acts of 1939, being sections 710.21 to 710.70 of the Michigan Compiled Laws, does not terminate the right of a parent of the deceased person to commence an action for grandparenting time.
As used in this section, “child custody dispute” includes a proceeding in which any of the following occurs:
The marriage of the child's parents is declared invalid or is dissolved by the court, or a court enters a decree of legal separation with regard to the marriage.
Legal custody of the child is given to a party other than the child's parent, or the child is placed outside of and does not reside in the home of a parent, excluding any child who has been placed for adoption with other than a stepparent, or whose adoption by other than a stepparent has been legally finalized.
A grandparent seeking a grandparenting time order may commence an action for grandparenting time, by complaint or complaint and motion for an order to show cause, in the circuit court in the county in which the grandchild resides. If a child custody dispute is pending, the order shall be sought by motion for an order to show cause. The complaint or motion shall be accompanied by an affidavit setting forth facts supporting the requested order. The grandparent shall give notice of the filing to each party who has legal custody of the grandchild. A party having legal custody may file an opposing affidavit. A hearing shall be held by the court on its own motion or if a party so requests. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard. At the conclusion of the hearing, if the court finds that it is in the best interests of the child to enter a grandparenting time order, the court shall enter an order providing for reasonable grandparenting time of the child by the grandparent by general or specific terms and conditions. If a hearing is not held, the court shall enter a grandparenting time order only upon a finding that grandparenting time is in the best interests of the child. A grandparenting time order shall not be entered for the parents of a putative father unless the father has acknowledged paternity in writing, has been adjudicated to be the father by a court of competent jurisdiction, or has contributed regularly to the support of the child or children. The court shall make a record of the reasons for a denial of a requested grandparenting time order.
A grandparent may not file more than once every 2 years, absent a showing of good cause, a complaint or motion seeking a grandparenting time order. If the court finds there is good cause to allow a grandparent to file more than 1 complaint or motion under this section in a 2-year period, the court shall allow the filing and shall consider the complaint or motion. The court may order reasonable attorney fees to the prevailing party.
The court shall not enter an order restricting the movement of the grandchild if the restriction is solely for the purpose of allowing the grandparent to exercise the rights conferred in a grandparenting time order.
A grandparenting time order entered in accordance with this section shall not be considered to have created parental rights in the person or persons to whom grandparenting time rights are granted. The entry of a grandparenting time order shall not prevent a court of competent jurisdiction from acting upon the custody of the child, the parental rights of the child, or the adoption of the child.
The court may enter an order modifying or terminating a grandparenting time order whenever such a modification or termination is in the best interests of the child.
Chap. 722, §722.27b
The relevant Kentucky statutes are as follows:
Reasonable visitation rights to grandparents.
The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so. Once a grandparent has been granted visitation rights under this subsection, those rights shall not be adversely affected by the termination of parental rights belonging to the grandparent's son or daughter, who is the father or mother of the child visited by the grandparent, unless the Circuit Court determines that it is in the best interest of the child to do so.
The action shall be brought in Circuit Court in the county in which the child resides.
The Circuit Court may grant noncustodial parental visitation rights to the grandparent of a child if the parent of the child who is the son or daughter of the grandparent is deceased and the grandparent has assumed the financial obligation of child support owed by the deceased parent, unless the court determines that the visitation is not in the best interest of the child. If visitation is not granted, the grandparent shall not be responsible for child support.
Title XXXV, §405.021
