Q: Ex MIL filed for visitation saying we refuse ~ when she has not called them n 16mth. Can we fight it? Accusations r lies
We have never denied her visitation in 7 years. She had not called and asked for the kids since 9/2017 till 1/2019. The grounds as to which she filed are all false. The girls are 13 & 11 and both told their gm that they love her and want to see her but doesn’t want to be set on a schedule that they have to go visit once a month. She doesn’t care. We have told her all she has to do is call and ask for them and if they don’t have prior plans then she can get them. She said no because that is still their father having the final say and that’s a dictatorship. Can she file a frivolous suit and how can we fight it? We do not want the girls on a set schedule. The girls don’t want to be on a set schedule. Can we get it dismissed due to we have never denied her (we have phone records) and her case is full of false accusations?
A: You need a custody lawyer immediately. Your attorney has 15 days to answer after you have been served. More information is needed to answer the question, like is the mother alive or in the military or in jail or hospitalized?
A: Generally, non-parents don't have an automatic right to visitation with a child. There are some exceptions, however. You should speak with an attorney familiar with custody law as soon as possible.
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