Legal Question in Family Law in Alabama
Grandparents rights?
I am currently separated, awaiting finalization for divorce. My parents are psychotic and I don't want them around my son. They visit him every other weekend while he is at his dad's. His dad is afraid to tell them to go away when they show up unexpected, although he agrees that they shouldn't be around my child.
My parents have for several years avoided coming to my house while I was home because they know I will stand up to them. My dad is a proud KKK supporter, and has threatened to burn people of other races homes' down. He teaches my son to call blacks ''n****r.'' He uses and sells prescription medication and smokes marijuana. I'm not sure if he does other drugs. However, he has no recent criminal record that I know of. He has threatened to ''sue me for custody'' of my son because I refused to bring him to their home anymore. This was after he almost hit my son in the head with something he threw at me. Unfortunately, I did not file a police report of the incident.
I have tried talking with them and they told me that they will continue to do whatever they want.
Is there any legal way I could prohibit them from being near my child?
1 Answer from Attorneys
Re: Grandparents rights?
If your divorce is not finalized, you should be able to state in the visitation agreement that your kids are not to be around your parent's due to their personal habits that would directly negatively influence your son, i.e, drug use, etc. If this is set out in the agreement, your husband will have to abide by it as well. This may, however, lead to your parent's filing to see their grandchild, etc. Have you let your husband know your feelings on the matter? If you have an attorney helping you with your divorce, you may want to let him or her know about the situation. If you have anymore questions, feel free to call or email me. Hope this helps some!
Jennifer
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