grandparent visitation

[jazz99]

What is the name of your state? kentucky
My husband and I received a notice today that my mother was petitioning for visitation of our daughter. I have not had any contact with my mother since september of 2000 and I had a child Dec 2001. My mother has had no contact with my child (a total stranger to her). I am needing to know our rights to deny this woman visitation. I fear for my child's safety with her and fear my mother would flee with my child just to hurt me.
Please help!
I am in major need of advice

 

[nextwife]

My understanding of Grandparents Rights is that it is primarily intended for situations of divorce or death, and that intact families are entitled to jointly decide against grandparent visits.

Have you spoken to an attorney?

See:
http://www.nolo.com/lawcenter/ency/article.cfm/objectID/1019223D-59A2-4A25-9B6DA99AD0406A0F

Visitation at www.abanet.org/family/familylaw/table6.html.)

This is a Supreme Court case on Grandparents Rights:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-138
TROXEL et vir. v. GRANVILLE
No. 99-138. Argued January 12, 2000--Decided June 5, 2000

 

[jez51]

What is the name of your state? kentucky
My husband and I received a notice today that my mother was petitioning for visitation of our daughter. I have not had any contact with my mother since september of 2000 and I had a child Dec 2001. My mother has had no contact with my child (a total stranger to her). I am needing to know our rights to deny this woman visitation. I fear for my child's safety with her and fear my mother would flee with my child just to hurt me.
Please help!
I am in major need of advice

I wouldn't worry too much about it, if she has never laid eyes on your child, then she can't claim that they have a bond, which is a major factor. So she's wasting her time, yours and the courts.

 

[Bay1954]

I'm a little rusty on the KY statute concerning GPV but she MIGHT just well be entitled to sue you andyour husband for GPV. In some states, even intact families can be sued. The fact that she has no bond with the child is good but not necessarily enough to keep the suit from progressing. Double check Kentucky statutes--try the Commonwealth's official web site for stautues.
And, find a very very very knowledgeable atty for a consult. Better safe than sorry. Good luck.

 

[Bay1954]

Me again. Apparently, the KY statute is based on best interest. A momentual case was decided on 6/21/02--Scott v Scott. In this appeals case, the court ruled that GPS must show clear and convincing evidence that a lack of GPV would cause the child harm. A very good ruling. Go to an atty--be sure he/she is cognizant of Scott v Scott. Be prepared.
Good luck
P.S. I am not an attorney. But I have made a study of Grandparent Visitation cases for many years. So please, see an atty.