QUESTION
What are the grandparents rights of my ex husband's mother if my husband is deceased?
Asked on Dec 14th, 2013 on Child Custody - Utah
More details to this question:
My deceased ex husband's mother is wanting all visitation he had and has served me with that request. In my defense, because of all the false accusations, I submitted 2 letters stating I have a wonderful relationship with my children's other grandparents. Her attorney sent me a letter of objection saying it was hearsay. Under the Rule of hearsay exceptions, I know it is submittable because it's a fact. I'm so stressed out and have so much proof to back me up but did not file them in my response because it was too much. Can I take them all to mediation next week if I give the grandmother copies? I don't even know why I'm stressed because I'm a fit mother.
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need an attorney to help you through this. And the point of he hearsay rule is to only allow to have the person who knows testify; in this case your ex's father would have to testify as to the relationship with you. In Idaho, the grandmother would not normally have a right to visitation, so to reiterate, you need an attorney to help you with this.
Answered on Dec 18th, 2013 at 9:31 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Grandparents have no inherent rights, unless the parents are not fit, in which case the grandparent would have to file a third party custody petition. You don't say what these grandparents filed? Is there some reason you won't let them see the children? Certainly they don't have the right to use what had been the father's time, but depending on a long list of criteria, a court may order some time with them, if there has been a long, close and stable relationship between them and the children.
Answered on Dec 18th, 2013 at 9:28 PM
In Utah, grandparents and other persons can petition the court for visitation rights with children. This can occur in cases where a spouse has died or is unavailable to exercise parent time. It is not a question of your fitness as a parent. If your children have a good relationship with your parents, this may be an attempt by your deceased husband's family to ensure that they have some regular time with their grandchildren. Letters from your parents would be hearsay and not admissible in a court proceedings. You can testify as to the relationship you have with your parents. You can also have your parents come and give their own testimony. Whether or not you can take others with you to mediation may depend on the preferences of the mediator, and it may also depend on whether or not your mother in law's attorney agrees that others can attend. You should check with the mediator and the attorney before the mediation to resolve that issue. If you are willing to allow some contact, your former mother in law may be satisfied, even though she will not receive the identical amount of time her son was receiving after you and he had divorced. The court will review how much time the in-laws spent with your children before your ex-husband died, what type of relationship they had with them, and whether that relationship may be damaged if future contact is not continued.
Answered on Dec 18th, 2013 at 9:27 PM