Grandparents' Rights In Nys
Location: NYS
This is not an active concern, but something that has been worrying me that I'd like insight on.
My mom was abusive to me throughout my childhood (mostly verbally, occasionally physically as well). I went very low contact with her at 17, and permanently cut off contact with her at 18 when her treatment of me worsened even further. She has continued to try to reach out in the limited avenues available to her since then, including obtaining past addresses of mine and sending letters, and once even showing up in person. She does not have my current address, but somehow found my in-laws' home address and has also shown up on their doorstep and sent letters addressed to me there. Before fully cutting off contact, many of my last messages to her were nothing more than repeated requests for her to leave me alone and stop contacting me, so she is well aware that all of these efforts are unwanted.
I am now 29 and pregnant with my first child. My husband and I are absolutely in agreement that we don't want my mother to know our child exists, let alone to have any sort of contact with him. My understanding is that NYS law allows grandparents to petition for visitation in circumstances when there is a preexisting relationship or when the parents have prevented a grandparent from establishing that relationship. I am terrified of my mother somehow learning about our child and petitioning for visitation. Not only would this kind of forced relationship be incredibly traumatic for me, but I have no reason to believe that she wouldn't abuse our child in the same ways that she abused me.
How likely is it that my mother would be able to successfully petition for visitation against our wishes, given the history between us? What sort of factors would a court take into consideration, and what types of evidence would be useful for me to present in the event that this happens? I am particularly concerned that I wouldn't be able to provide compelling proof of the abuse since it happened so long ago--beyond my testimony, my father's testimony (which would be limited, since they divorced when I was young and he only heard about most of the incidents second-hand), and clinical notes from the therapists I've discussed the abuse with over the years, I'm not sure what else I could provide. I am also concerned that, if she learns about our child and tries to contact him in the same way she's continued to attempt unwanted contact with me over the past decade-plus, that what I see as harassment would be seen by the courts as a good-faith attempt to establish a grandparent-grandchild relationship.
If this is relevant, my husband and I have a very close relationship with my dad and stepmom, and we are close with my in-laws as well. Our child will already have four grandparents who love him deeply and benefit from strong, supportive family relationships on both sides.
Would appreciate any advice or reassurance that anyone can offer so I can stop worrying about this constantly in the last couple of months of my pregnancy, and I'd be happy to provide any further information that would impact your answer here.
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