Legal Question in Family Law in Maryland

Re: Grandparents rights to children

The grandparent has no right to visitation without petitioning the court to grant such visitation. You should inform your father in law that cutting the child's hair without your permission is criminal assault, and he could be charged for doing so. As for the visitation, you have the right as a parent to set restrictions on the visitation. Obviously if your husband felt the same as you it would be much easier, but you alone still have rights. You could petition the court to restrict the grandparents visitation. For the grandfather to interfere and undermine your parental authority is absolutely uncalled for and your husband needs to understand this. Let your husband know that with or without his support you could petition the court to restrict visitation with the grandparents. You should also look into the possibility of counseling. Obviously if your father-in-law is this intrusive in your parental authority and your husband allows it, there must be other issues that could cause the child harm. If your husband is unwilling to set boundaries against his father, how far will he allow the father to go? As the child ages, the child will recognize his/her father's inability to stand his parental ground and this may cause great behaviorial problems. In closing, the grandparent has no automatic right to visitation, you alone as a parent have a right to restrict the visitation, if your husband continues to allow his father to undermine both of your parental authority you should seek a court involvement to either prevent or restrict the grandfather's visitation.

Re: Grandparents rights to children

Grandparents do not automatically have any special rights regarding their grandchildren, except the right to petition for visitation, which the court may grant if the request is found to be in the best interest of the child. They do not have the right to make decisions about the care of the child or to overrule the parents on any matter whatsoever, including the length or style of the child's hair. If any person, grandparent, neighbor, or anyone else, has serious concerns about abuse or neglect of the child, they have not only the right but an obligation to report their concerns to Child Protective Services (a division of the Department of Social Services), but they do not have any right to take other action on their own, except in emergency situations where immediate action is necessary to protect a child. "Scraggly" hair is not that kind of emergency. If your father-in-law cuts your daughter's hair without permission, he is out of bounds, but not likely to be charged with any sort of crime, although technically his act could be considered an assault. You could let him know this, which might make him think twice. But your main problem is the difference of opinion with your husband. You need to present a united front to his parents, letting them know that you do want them to be a part of your daughter's life, but that you will not permit them to interfere where they have no right to. You and your husband are adults, and this is your child, not theirs. If your child doesn't grow up knowing that her parents are competent adults able to exercise reasonable authority, how can you expect your daughter to develop the trust and respect for her own parents which she needs? I hope you and your husband can work this out and find a position which you and he can agree on.