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I have legal, permanent custody of my twin grandsons, age 4

yrs. The maternal grandmother is...
I have legal, permanent custody of my twin grandsons, age 4 yrs. The maternal grandmother is seeking supervised visitation with the boys and taking me to court, court hearing pending Nov. 20, 2012. Grandma is messed up and boys have had unpleasant experiences with her. Grandma claims she was primary caretaker since age 1-2 yrs, she was not. Why do I not have the right to refuse visitations without going to court as the money spent for an attorney could be spent on clothing, necessities for the little guys. If the boys would benefit from visits, I would totally agree but there is no sense promoting a relationship that is not-so, what are her chances of being awarded supervised visits?
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Answered in 19 minutes by:
9/2/2012
Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
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Hello and thank you for choosing JustAnswer!

Which state are you located in?

Once I have more information I will be glad to help.



Robert
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Customer reply replied 5 years ago


I live at Sauk Centre, Minnesota. Thank you!

Thank you for your follow-up.

The relevant statute is Minnesota Statute 257C.08, subdivision 2 which indicates that reasonable grandparent visitation can be ordered by the court if "(1) visitation rights would be in the best interests of the child; and (2) such visitation would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application."

You can access this statute at the following link:

https://www.revisor.mn.gov/statutes/?id=257C.08#stat.257C.08.2

You would obviously argue that such visitation is not in the best interest of the child (especially if there is currently no close relationship between the grandchildren and the maternal grandmother) and that it would interfere with your relationship with the child (even though you are not the parent, you have parental rights since you have custody).

The court determines the best interests of the child in Minnesota based upon the following factors which are found in Minnesota statute 518.17 (and any other relevant factors):

(1) the wishes of the child's parent or parents as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

(3) the child's primary caretaker;

(4) the intimacy of the relationship between each parent and the child;

(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

(6) the child's adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;

(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

(11) the child's cultural background;

(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

Simply be prepared to explain why visitation with the maternal grandmother is not in the best interest of the child and how it would interfere with your relationship with the child since you are stepping in the shoes of the parent because of your permanent custody.

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

While of course not required, a bonus is greatly appreciated if I have been particularly helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

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Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
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Customer reply replied 5 years ago

Thank you for the assist. I was hoping for an easy way out of having to deal with this. I do believe the woman loves the boys but she is so off the wall and there has been domestic abuse- witnessed by the boys- with Grandma, the boys mother and Grandmas unemployed, unkempt live in boyfriend. The boys are totally better without her company not to mention that I, as a widowed grandma, can not afford an attorney which I am sure I will need in November. Diana

Thank you for the positive feedback and the follow-up.

If the other grandmother has an attorney then it would be a good idea for you to get one. If she does not then you may be able to go on your own and explain to the judge why you think she should not have visitation.

It has been a pleasure assisting you and I wish you all the best!

Should you need to ask another question then you may send the question to me specifically be typing it in at the question box contained within the following link:

http://www.justanswer.com/law/expert-askrobert/

Thank you and good luck!



Robert
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