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  1. #1
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    Mar 2010
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    Default Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    My question involves a child custody case from the State of: Minnesota
    My wifeís nephew has some psychological problems as does the childís mother. The father (wifeís brother) passed away. The issue is that the child is having some major behavioral problems in school. The mother withholds information from the family about his welfare. She opens up and closes down due to her issues. Is there anything my wife and mother-in-law (paternal grandmother) can do to get the truth about whatís happening with the child. They want to hire and attorney and take her to court. Iím not convinced itís best but if it stands to allow them more time and impact in the kids life I would support it. Thank you John

  2. #2
    Join Date
    Oct 2006
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    15,980

    Default Re: Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    Quote Quoting WillyJames
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    My question involves a child custody case from the State of: Minnesota
    My wife’s nephew has some psychological problems as does the child’s mother. The father (wife’s brother) passed away. The issue is that the child is having some major behavioral problems in school. The mother withholds information from the family about his welfare. She opens up and closes down due to her issues. Is there anything my wife and mother-in-law (paternal grandmother) can do to get the truth about what’s happening with the child. They want to hire and attorney and take her to court. I’m not convinced it’s best but if it stands to allow them more time and impact in the kids life I would support it. Thank you John
    What do you mean by psychological problems? Is that something formally diagnosed and documents on the mother's part?

  3. #3
    Join Date
    Jun 2014
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    3,143

    Default Re: Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    The mother does not have to explain anything to the aunt and grandmother. The mother is the one responsible for and raising the child.

  4. #4
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    Oct 2006
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    Default Re: Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    Quote Quoting Mercy&Grace
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    The mother does not have to explain anything to the aunt and grandmother. The mother is the one responsible for and raising the child.
    This is true. Also, even if they were to get some sort of court ordered visitation, (which is highly unlikely) that would not give them any kind of custody rights that would entitled them to that kind of information.

  5. #5
    Join Date
    Jul 2018
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    2,051

    Default Re: Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    Quote Quoting WillyJames
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    Is there anything my wife and mother-in-law (paternal grandmother) can do to get the truth about what’s happening with the child.
    No. Legally, it's none of their business.


    Quote Quoting WillyJames
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    They want to hire and attorney and take her to court. I’m not convinced it’s best but if it stands to allow them more time and impact in the kids life I would support it.
    Getting more time is a different issue. Minnesota law does allow non-parents to seek and obtain court-ordered visitation, and a situation in which the child's blood relative parent is dead is one of the common situations where that may be possible. I note, however, that you used the term "more time," which implies that the mother is allowing her child to spend time with his aunt and grandmother. Whether more time is possible obviously depends on how much time they're currently getting. Your wife and her mother certainly can consult with a local attorney about this.

  6. #6
    Join Date
    Oct 2006
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    15,980

    Default Re: Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    Quote Quoting pg1067
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    No. Legally, it's none of their business.




    Getting more time is a different issue. Minnesota law does allow non-parents to seek and obtain court-ordered visitation, and a situation in which the child's blood relative parent is dead is one of the common situations where that may be possible. I note, however, that you used the term "more time," which implies that the mother is allowing her child to spend time with his aunt and grandmother. Whether more time is possible obviously depends on how much time they're currently getting. Your wife and her mother certainly can consult with a local attorney about this.
    While its true that MN law may allow for a suit to be brought forward for gpv or other non-parent type of visitation, its certainly not a slam dunk type of situation. Its generally going to be an expensive suit to bring forward with no guarantee that it will succeed. Its also a very hostile suit to bring forward against he child's parent, and will resort in the destruction of any cordial relationship between the parties. If the family is getting to spend time with the child now, I would strongly advise against bringing that kind of suit forward.

  7. #7
    Join Date
    Jun 2010
    Posts
    656

    Default Re: Wifeís Ex Sister In-Law. Nephew/Grandson Visitation

    Quote Quoting WillyJames
    View Post
    My question involves a child custody case from the State of: Minnesota
    My wife’s nephew has some psychological problems as does the child’s mother. The father (wife’s brother) passed away. The issue is that the child is having some major behavioral problems in school. The mother withholds information from the family about his welfare. She opens up and closes down due to her issues. Is there anything my wife and mother-in-law (paternal grandmother) can do to get the truth about what’s happening with the child. They want to hire and attorney and take her to court. I’m not convinced it’s best but if it stands to allow them more time and impact in the kids life I would support it. Thank you John
    What *could* be a better plan of action than court would be to be as helpful as possible. Offer to watch the child so Mom can get a break. Offer to help with transportation to activities. And so on. Offer to help out for any athletic activities, Scouts, etc.

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