Legal Question in Family Law in Maryland

Re: Preventing Mentally ill grandparent from visiting children

Grandparents have no visitation rights without court approval and some courts have ruled that if the parents object the grandparents have no such rights. In any event they would have to file a court petition to acquire rights so you should simply inform them that they arent't welcome to come over and see the grandchildren.

Re: Preventing Mentally ill grandparent from visiting children

Law has shifted and recent changes are to your benefit. Grandparental rights are diminishing in strength due to recent Supreme Court decisions, but each case is fact specific and an action brought by the grandparents may prevail.

The facts in your case tend to indicate that the grandparents will not prevail. Depending on the grandmother's contacts on school grounds, a restraining order may lie. Obviously, a court filing would be necessary to obtain such an order and an attorney may be of assistance.

If you and your spouse have decided that it is not in the best interest of your child(ren) to see their grandparents, the law, as it exists now, is in your favor. Simply assert your decision. If the grandparent(s) disagree they can seek to over-ride your decision through a grandparental visitation agreement. You should know that Maryland law in this regard is more liberal and the factors upon which the judge decides are the amorphous standard of "best interest of the child". This standard is adjudged through an array of factors and often decisions are that the best interest equates to the fact finder's best guess as to what will benefit the child(ren) in the future.

In most domestic matters, the case lies on facts and proper assertions in court. An attorney can be helpful to frame matters and relate facts to contested issues.

G. J. Holthaus

(410) 799-9002

[email protected]

Re: Preventing Mentally ill grandparent from visiting children

Grandparents have a right to petition the court for visitation, and if the judge finds it to be in the best interest of the child to have visitation with the grandparents, it can be ordered. Without such an order, the grandparents have no right to visitation if the parents are opposed. A reacent Suprene COurt case from the state of Washington has made it somewhat more difficult for the state courts to order parents to permit visitation, and the growing view in most cases is that it is wrong to interfere with the wishes and judgment of the parents by requiring them to deliver their children up for visitation with unwelcome grandparents. Until there is a court order (and in your case there probably won't be) you are entirely within your rights to refuse the grandparents any contact with the children. If the grandparents do sue for visitation, you will need to appear in court with evidence of the harm such visits would cause, and you will almost certainly win. In most circumstances it is a good thing for children to know their grandparents and love them, but not in cases where the contact is abusive.