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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
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Experience:  6+ years of experience in divorce, custody battles and mediation.
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Hello, I am a mother of twin boys age 8. They both have autism.

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Hello, I am a mother of twin boys age 8. They both have autism. My kids are receiving all the services they need to get better like speech, physical, occupational, and counseling. There father spent there first 5 years of there lives in prison. He came out, was out for 3 years then got in trouble again, and is currently in the federal prison in Brooklyn awaiting sentencing. I've done and am doing my very best in raising my kids with the help of my mother and father. I went through college just recently I finished my Bachelors in Public Accounting. Everyone that knows me including my kids teachers speak very highly of me. But my kids fathers mother who currently lives in New Jersey never liked me. I'm not really sure why. She always expected me to some how change her sons troublesome ways. As I told her he has mental problems, he can only get help from a psychologist. He never listened to me. Ive always told her that she can come over my house to see my kids . She constantly expects me to stay overnight for a couple of days to spend time with my kids. Unfortunately she's very disrespectful towards me. I don't like how she argues infront of my kids with her adult son. Hes very disrespectful towards her. He yells back at her telling her to shut her loud mouth and" your F ing crazy" etc. She has stuff every where she doesn't like to throw anything out, and I always have to clean her bathroom because I refuse to have my kids use a disgusting bathroom. Shes always wanted me to live at her house because she claims that there are better schools for children in New Jersey and so on. I don't know how the system works in regards XXXXX XXXXX rights with my kids. Is there anything I can do to protect myself from her in case she try's to do anything legal with my kids? I don't trust her, I've been avoiding from going to her house. I've just been telling her to come to mines. Thank You
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Good afternoon:

The good news for you is that you do not have to let your children's grandmother see your children. You certainly are not obligated to go to her house. You can either outright refuse to let her see them, or only let her see them if she comes to you.

The bad news is that she could petition the court in New York to get visitation rights. This is not an automatic right, however, and the court will place a heavier weight on your objections to this arrangement being not in the best interest of the children.

Further, the grandparent would have to show that you'd somehow tried to prevent your children from having ANY relationship with her at all, and that they had made attempts to establish a relationship. If you've offered to let her see them in your own, or on outings where you are present, that doesn't give her much grounds to claim that you are keeping her out of their lives.

Let me know if you have further questions.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 372
Experience: 6+ years of experience in divorce, custody battles and mediation.
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