How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38790
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My son lives in Oregon and he has a 3 year son that stay with his x-girl fr

Customer Question

My son lives in Oregon and he has a 3 year son that stay with his x-girl friend. I live in North Dakota. Im just wondering about my Visitation Rights as his grandma.Will I have to pay 48.00 for every question i have?
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Both Federal and State laws favor parents making decisions in keeping access away from grandparents if they so choose. In 2000, the US Supreme Court, in a decision called Troxel v. Granville, stated that parental rights are superior to grandparent rights and that parents have the right and the ability to withhold access.

That does not mean that grandparents have no rights. They can still petition the courts for guardianship or for visitation, but getting such rights is fairly difficult. The courts will only grant visitation if grandparents can show that a legitimate bond exists with the children, and that it would be in the best interest of the children to be with their grandparents. Additionally, if the grandparents ever had guardianship, or the children lived with them for a significant time (5 months is borderline), makes it much more likely that such a bond existed.

Ultimately you have 2 options--you can either pursue visitation through your son (that is, when he has custody, he can permit you to see the child), or, if you have your own bond with the child, you can seek and pursue formal visitation. However without some sort of a bond I do not see the courts granting you rights.

Hope that helps.


PS. In terms of asking questions, if you ask follow-up questions to this, you are free to do so until satisfied. If you wish to ask questions beyond the scope of this topic and questions, the site prefers that you open up a new thread for the new question.

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 5:38 AM EST
Customer: replied 3 years ago.
Will my son doesn't have custody of him she says when he can see him or not. she plays allot of games with him. She was suppose to let him bring him to see me but at the last minute she changed her mind. Should i maybe look at him trying to get joint custody? No one has custody of him.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

That would be the wiser option. He, as the legal parent, would have a much greater chance of receiving formal legal visitation rights or even some custody instead of if you would file for yourself. Then, if he does have rights, she would no longer be able to deny him, and you would also be able to visit the child (when it is his time to be with the child) and also visit.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 6:02 AM EST
Customer: replied 3 years ago.

What would be his chances of get joint custody of him? My son has paid child support and medical for him. The mother has drug and drinking problems at one time i believe she was made to go to classes. My son works full time and has been trying to finish collage so he can become a doctor. but it has been real hard.

 

Which way would be the best for him to try for joint custody or other??

 

Also thanks for your help

Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome.

Without knowing more facts I cannot give you his chances, but I can tell you what the courts look for in gaining or providing custody.

What the courts look at is what they deem to be "in the best interest" of the children as well as the fitness of parents. Fitness is looked upon as possible history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminal record/history/parole/probation, & moral turpitude. The courts also tend to favor parents who wish to reside in the current location, and those that have a proper home for child-rearing.

If your child has not really raised the child yet, it is highly unlikely that he will be granted joint-custody rights right away, unless he is able to show the other parent as unfit. Otherwise he will most likely be granted visitation, and later on he could refile and request more rights and a bigger role in the child's life. The fact she has a drug problem CAN be used by him in his petition, and may grant him a better chance at getting rights than he would have otherwise.

Good luck.



Edited by Dimitry Alexander Kaplun on 2/1/2011 at 6:25 AM EST
Customer: replied 3 years ago.

My son has him as much as he can get him. My grandson stay the weekend with him. They go to the park. So my son has been in his son life from tthe time he was born.

 

Do you know any good Attorneys in Oregon?

Expert:  Dimitry K., Esq. replied 3 years ago.
That is good to hear, as he can then request a much greater role in raising the child. If he can show a bond ow, and that he has been an attentive and a present parent, the court will be much more likely to grant greater rights to him.

I am sorry but I cannot provide specific referrals as that is against my site agreement. I do suggest that either you or your child browse the listings at www.avvo.com and www.martindale.com for competent counsel.

Good luck and kindly press the green "accept" button so I can be compensated for my assistance. Thank you.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 3 years ago.
Thanks Very Much for your help and have a Very good night. Thanks again
Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome and good luck.

If you feel I helped, please do not forget to press the green "accept" button as that is the only way I get compensated by the site for my assistance to you. Thank you.

Sincerely,

Dimitry Alexander Kaplun, Esq.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
7390 Satisfied Customers
I provide family and divorce law advice to my clients in my firm.