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Grandparents’ Visitation Rights
According to my wife, my mother, were she alive today, would likely be hauling our kids off to church to be baptised — to which I responded that that would be the last time she saw them. To undermine a parent’s authority on something as important and fundamental as their religious beliefs is, in my opinion, grounds for terminating contact. Sneaking kids a cookie on a school night is something I can live with, but attempting to indoctrinate my kids into a belief set that I not only don’t subscribe to but actively oppose is untenable. While, for us, this is merely conjecture, there are many families where severing contact with the grandparents is in the best interests of the children. The problem is, in Indiana, the legislature wants to be able to overrule the parents.
There are a pair of bills, HB1055 and SB59, making their way through the Indiana legislature that would alter the existing laws regarding the ability of grandparents to sue for visitation rights (in person or, presumably, virtual). Currently, when a single, widowed, or divorced parent cuts off contact with a grandparent, a trial judge can overrule them. The problem is that the current bills extend this to intact families and, as attorney Karen A. Wyle wrote in the Terra Haute Trib-Star, “grandparent visitation litigation is almost always a tragic and counterproductive mistake, with the child the principal victim.” I can understand that it is wrong for a parent to cut off a grandparent simply because they are a former in-law, but when an intact family is forced to make the difficult decision that it is best the grandparents not be a part of their children’s lives, it seems to me that that is their right.
Of course, it’s not something I have to deal with — my parents are both gone and we have a very good relationship with my in-laws — so it’s quite possible that there is some aspect to this that I, and Ms. Wyle, are missing. What do you think?
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11 Comments
PlumbLucky commented on Feb 03 10 at 1:11 pmHmmm…my IL’s aren’t permitted to take our child anywhere because they fail to grasp our state’s child safety seat laws. They have already gotten one ticket (the one time they took him in their car, they uninstalled the seat we’d put in there, flipped it around, and put him in the middle front. At ten months of age. In a bucket-style seat.) for this, and its just the tip of the iceberg for why we agree that his parents don’t watch the bumpkin. I wonder if a judge would overrule us…in our case….
Katrina commented on Feb 03 10 at 2:49 pmwow, you would think more than a sneaky baptism that won’t do any harm at all, except for give the grandparents peace of mind, would be necessary to prevent seeing their grandkids. i would say intoxication while caring for them, abuse in any way or lewdness in any way would be a more just cause. my mexican catholic step-grandma “baptized” my half-brother in the sink and when my dad and step-mom (very new-age, buddhist types) found out they just laughed. don’t you think it would cause more emotional damage to cut off the relationship when the issue is between you and your parents, not your kid and your parents? i mean, seriously. lets talk real reasons, like the one above. i would say child safety is infinitely more important than a religious offense. a dribble of water and the cross sign is not the same thing as a bloody cult ritual where your child is sworn over to the devil or something, geez.
Robyn commented on Feb 03 10 at 3:48 pmI think it’s always dangerous to start granting visitation rights to anyone who isn’t a parent. Are aunts and uncles to sue next? Cousins? Where is the line drawn? Ultimately, it is the parents’ choice as to who sees their children.
I don’t want to get caught up in a religious argument, but I agree with Roger, and leave it at that.
Trey commented on Feb 03 10 at 3:58 pmNo offense but I know quite a few grandparents who are parenting their kids’ children, and who make better parents than the “bio-parents”. Not every case is cut/dry. This isn’t a perfect world. And, TG for these grandparents who step up and take custody when regular parents wouldn’t!
BLUSTER commented on Feb 03 10 at 4:02 pmI’ve never agreed with the grandparents who overrule their children, where the grandkids are concerned, but I feel sorry for a child who’s parent is as fixated about religion as youseem to be. I took my daughters to church whan they were yhoung, because my wife and I attended. But when they were old enough to decide for themselves, we made the decision that they had the right to decide. Just like your parents seem to have let you choose your own way.
For what it’s worth, I haven’t attended church in several years, and I don’t thinkmydaughters do either. But they chose that for themselves.
MsC commented on Feb 03 10 at 4:18 pmNot to be overly dramatic, but baptism is kindof a big deal. Getting any child baptized without the permission of the parents is such a huge overstep, such a dramatic declaration that you do not care what the parents think/believe/decide when you know best. If the grandparent does something that important without consulting (or against the explicit wishes of) the parents, how could you possibly trust that grandparent on anything? I realize my in-laws will feed my child things I wouldn’t, let her watch more tv than I’d like, buy her presents I wish they wouldn’t, etc. There’s a certain amount of ‘allowing them to spoil her’ that isn’t worth fighting about. But there have also been a few things about which we have strongly disagreed and my in-laws reluctantly came to understand that they do not get a vote. Some grandparents? Never come to that realization.
I can understand that sometimes the situation gets sticky if there’s a divorce, death, or an uninvolved parent whose own parents want to be involved grandparents. When your child won’t or can’t advocate for you to be a part of your grandchild’s life, that is a different thing than when your own child has actively decided you are not to be involved.
@PlumbLucky: my in-laws think it’s HIlarious that they never used a safety seat when they had kids. However, we’re lucky that when it comes to our kid, they know to follow the rules there.
Alicia commented on Feb 03 10 at 4:36 pmMy mom is good, and has the “its your kids your rules” attitude. MIL is another story. She’s done some things w/ my SIL’s children that I strongly disagree with and find unsafe, and I told him if I ever found out she was doing things behind my back that I had expressly said not do to, then she would no longer see my child without my presence.
JCC commented on Feb 03 10 at 4:50 pmI’m lucky to have parents and in laws with whom we have a good relationship, but I’ve known plenty of people who wouldn’t allow grandparents unsupervised visits with their children, and for very good reason. In fact, we’ve had to talk to my in laws about a few safety issues (car seat safety, following directions that we give for when we’re not around, etc.) and had a good response. If we hadn’t, they wouldn’t be allowed be babysit. It isn’t because they don’t love their grandkids or genuinely have the best intentions, but because if they can’t keep our kids safe, they can’t be in charge. Period. And that’s our call to make as the parents.
Lalalala commented on Feb 03 10 at 10:54 pmI had serious inlaw problems early in my marriage and found a site for dealing/venting about horrible MILs.
I read stories about pure evil inlaws that would do things like try to replace the mother and insisting that their grandchild call THEM “mommy,” give the child foods that they were allergic to since they didn’t believe their DIL that the kid was allergic, kidnapping attempts, and lots and lots of scary things.
There have been many threats of suing for grandparents’ custody and the only thing that has prevented some of these psychos from succeeding is because the husband and wife were still together and chose to cut them off.
If this bill goes through, there are many families that will be forced to either go into hiding, or spend money that they may not have fighting to keep their kids safe.
Grandparents can be a good thing, but if the parents choose to cut them off, they shouldn’t have to justify this to a court or anyone since they are the PARENTS.
PlumbLucky commented on Feb 04 10 at 1:14 pmLalalala – you found another issue on the iceberg, my MIL “doesn’t believe in food allergies”. We do not eat at her house nor any food she’s brought with her to ours as a result because she’s managed to hospitalize me once, and that was enough. That, and a complete lack of respect for our decisions as, oh, I don’t know, the child’s parents.
Karen A. Wyle commented on Feb 26 10 at 11:51 amComments As parents’ rights advocates became aware of these bills and got involved in the legislative process, opposition gradually grew, and in the end, HB 1055 was pulled in the Senate Judiciary Commitee and SB 59 was defeated on 3rd reading in the House.
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