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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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our son is deployed and his wife has filed for divorce while

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our son is deployed and his wife has filed for divorce while he is deployed. Her lawyer sent us a letter stating that because our son has not had a relationship with his daughter we are unable to see our granddaughter. Her lawyer also told us there are no grandparent rights in the state of montana. We just want to see our granddaughter and send our son pictures of his daughter. He did come in December to see his daughter, but the mother filed a restraining order so he could not. Do we have any rights as we have power of attorney while he is deployed to see our grandchild?

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Her lawyer is wrong. The evidence required is "what is in the best interest of the child" and do you have a relationship with the child that is now being prevented?

Here is the Montana law. Basically you will have to file suit to get visitation, it is not an automatic right.

 

Except as provided in subsection (5), the district court may grant to a grandparent of a child reasonable rights to contact with the child, including but not limited to rights regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title. The department of public health and human services must be given notice of a petition for grandparent-grandchild contact regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title.

Grandparent-grandchild contact granted under this section may be granted only upon a finding by the court, after a hearing, that the contact would be in the best interest of the child.

A person may not petition the court under this section more often than once every 2 years unless there has been a significant change in the circumstances of:

(1) the child;

(2) the child's parent, guardian, or custodian; or

(3) the child's grandparent.

The court may appoint an attorney to represent the interests of a child with respect to grandparent-grandchild contact when the interests are not adequately represented by the parties to the proceeding.

This section does not apply if the child has been adopted by a person other than a stepparent or a grandparent. Grandparent-grandchild contact granted under this section terminates upon the adoption of the child by a person other than a stepparent or a grandparent.
Title 40, Chap. 9, Part 1, §40-9-102

legaleagle and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
will I need to file for visition in the same county that the child resides in or can I file where I live if in the same state?
You would need to file in the county where the child resides.

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