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Can my mother-in-law sue us for grandparents rights in Germany?

Hello, I am posting here for the first time to seek advice on a situation involving my narcissistic mother-in-law (MIL). I am currently residing in Germany and am married to a German husband.

My MIL’s behavior towards us is quite challenging, as she often tends to be bickering and mean, overshadowing the occasional moments of kindness. It is a difficult situation, and it feels like nobody can ever be right in her eyes.

Recently, she crossed a line when my husband and I had our son together. During a moment when my husband temporarily took our 16-month-old son away, interrupting his playtime, the child started crying. In response to this, my MIL launched into a rant, criticizing my husband’s parenting skills and suggesting that he was neglecting our son. This outburst seemingly came out of nowhere. It is important to note that my husband is an amazing father. Frustrated by this unwarranted attack, he confronted her by saying, “If you say something like that to me again, I’m gone and you won’t see him ever again.”

The following day, my MIL made a threat of suing us for grandparents’ rights if we were to carry out my husband’s warning. This threat has left us concerned and unsure about the legal implications of the situation.

To provide some background context, there have been instances in the past where our MIL put our son in danger as a newborn. For example, she placed a burp cloth on his face while he was sleeping, which obviously posed some risks. Additionally, she engages in gossiping about me, going so far as to badmouth me to our son, saying things like “mommy is crazy/lazy/weird” and more. Unfortunately, we have never recorded any of these incidents.

Our primary question arises: can our MIL genuinely take legal action in Germany to enforce grandparents’ rights?

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In conclusion, dealing with a difficult MIL can be challenging, especially when legal implications arise. However, with the assistance of AI Legalese Decoder, you can gain a deeper understanding of the legal environment in Germany and make informed decisions based on that knowledge. We hope that this tool will provide you with the clarity and guidance needed to navigate this complicated situation successfully.

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3 Comments

  • WiseCookie69

    Generally, yes. [BGB § 1685 Abs.1](https://www.gesetze-im-internet.de/bgb/__1685.html).

    (1) Grandparents and siblings have the right to contact with the child if this is in the child’s best interests.

    But if you thoroughly document your claims, she’ll have slim to none chances.

  • AutoModerator

    Your question includes a reference to Germany, which has its own legal advice subreddit. You may wish to consider posting your question to /r/LegalAdviceGerman as well, though this may not be required.

    *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceEurope) if you have any questions or concerns.*

  • zeromanu

    Move slightly over the border in The Netherlands and you are fine