Legal Question in Family Law in Massachusetts
maternal grandmothers rights
my daughter is unmarried,and has a 2year old.the father of the child and the fathers mother harass us.what are my rights with my grandson?
2 Answers from Attorneys
Re: maternal grandmothers rights
It depends on if the father is recognized as the father. Is he on the birth certificate listed as the father? If not, then he has no rights to the child until he files an admission that he's the father of the child. Then at that point, you can go after him for child support.
If he is listed on the birth certificate, then he is already the legal father of the child and he has all the rights that the mother has to the child.
Grandparents have an interest in the child but don't have any rights above or over that of the parents. So if either one of the parents are alive and are still able to care for the child, their rights supersede yours.
Re: maternal grandmothers rights
Attorney Cheong's description is quite accurate. However, no one has the right to harrass anyone. Depending upon what the legal aspects of the paternity are, the father will have a right to visitation and if joint custody is provided for under an court order with physical custody in your daughter, that is something else.
I suggest you and your daughter contact an attorney with all the facts and copies of all the court orders if any and let the attorney advise you on the best way to deal with the problem.