Legal Question in Family Law in Mississippi
grandparents rights
I have a 2 year old son. His father lives 3-4 hours away. He only gets him about every 3 months. My son hates going. I had been letting my sons grandmother pick him up, but he would throw such a fit no wanting to go with her, i quit making him go. Now she is taking me to court to get grandparents visitation. But my son has been going every other weekend for almost 2 years, you'd think he would be used to it by now. But everytime they have to pull him off of me. he has been diagnosed with leukemia but has been in remission for about 1 year, but she is still in not the best of health. Will she have any grounds for this, and will the court allow me to bring my son into the courtroom to show the kind of fit he throws? Thanks,
1 Answer from Attorneys
Re: grandparents rights
Grandparents are entitled to visitation, if certain things are met. For instance, has the grandparent tried to be a part of the child's life before now? If so, they would be entitled to some visitation. You stated in your query that your son has been going everyother weekend for the past two years. If this is accurate, then that shows enough involvement by the grandparents to justify some visitation.
The court will allow the child in, but if he becomes disruptive, the judge may ask you to let someone take him out of the courtroom whilst the judge conducts court.
If you feel you have a valid reason for withholding visitation, other than his fits, then you should retain counsel. This wouldn't be a bad idea anyway just to make sure what they are asking for in their petition is what you are willing to give.
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