Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My husband has had full custody of my step-son for the past two years. He will be three-years-old in August. The maternal grandparents took emergency custody when he was six-weeks-old due to the birth mother being in legal trouble. We found out that he was my husband’s son when he was almost five-months-old and had to develop a relationship with him over a six month period before custody could be determined. The mother was on probation and then failed a drug test and went to prison for a year. We went to court and she received every other weekend supervised by her parents (the parents also received the same time as the birth mothers). Almost a year later(May 2014) she failed a drug test right before she was getting off parole. They sentenced her to one month in jail. Now she is living in a halfway home till the beginning of December. The grandparents have been getting my son still every other weekend. I asked them not to take him to see her while she remained in trouble but they have anyway. Is there anyway I can revoke their rights for not sticking to my wishes since I have primary custody and the birth mother has none at all? Also the birth mother has not contacted me about her son since April 2014.
If the custody order states that the child is to have no contact with the mother, then you can assert a claim against the grandparents for violating the order. If there is no restraining order against the mother, or any other restriction prohibiting the visits, the court will likely allow it unless it deems the visits harmful to the child. Contact a local attorney to see if you have any viable legal options under your state law.
