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

My husband and I are...
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?
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Answered in 13 minutes by:
6/2/2008
Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
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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.


TITLE 32
DOMESTIC RELATIONS
CHAPTER 7
DIVORCE ACTIONS
32-719. VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS. The
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.


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