How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

My husband and I are wondering if his mother has the ...

This answer was rated:

My husband and I are wondering if his mother has the right to visitation with our children. Can she force us to send them to California to spend time with her, we live in Idaho. We don''t want our kids to go with her because in previous trips she has disregarded our instructions as parents. Also, the kids do not want to go. Can she get some kind of visitation from a court that will make us send our children that far away without our permission? We have told her that she is welcome to come to the house and spend as much time with the kids as she wants. She wants to see the children out of the house, and away from my husband and I. Is she allowed to have that kind of access to our children without our blessing?
The answer to your question is NO.

Grandparents do not have automatic rights to visitation over their grandchildren. Since the children are residents in Idaho, she would have to petition the court for an order of visitation. In Idaho visitation will be given when the grandparent shows that in the child's best interests visitation should be ordered [see below], this happens when the parents are divorcing or separating. In general the grandparent who has taken care of the child's need (besides the parents) would have a stronger case for visitation, otherwise, the court does not like to issue visitation orders when the parents are still married and have objected to her petition for visitation.

So NO, you are not required to release the children over to her, you are under no legal obligation to give her any visitation rights. She cannot force you to release the children over to her. If she wants visitation she would need to petition the courts in Idaho and prove her case.

district court may grant reasonable visitation rights to grandparents or
great-grandparents upon a proper showing that the visitation would be in the
best interests of the child.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Attorney & Mediator and other Family Law Specialists are ready to help you

Related Family Law Questions