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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20098
Experience:  Attorney with experience in family law.
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Customer Question

How do I go about getting grandparents rights

My x son inlaw sister and mother have custady of my grandson. They put the screws, sorry to my daughter a bad divorce. They live out of state. It's been 3 yrs since I seen my grandson. She could not afford a lawyer had one at first but he told her it would cost a bunch. The mother inlaw
has alot of money she paid for it all.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Is your common relative the custodial parent? If not, is your child deceased, incarcerated, or institutionalized? Were the parents ever married?
Customer: replied 2 years ago.

 

For Lucy,

 

My daughter is not the custodial parent. My daughter is still living. and they were married. When my daughter seprated and moved out from her husband and moved in with a friend and she had the child with her. My son inlaw wanted to pick up the child after school and spend a couple hours with him. Instead he took off to floida with him that is where my son inlaw mother lives. Then the divorce started.

Expert:  Lucy, Esq. replied 2 years ago.
Thank you for that information.

In that case, your rights to see the child are through your daughter. If she's not willing to allow you to see the child, a judge will not interfere. That's because there is a public policy against the state telling a parent how to take care of his/her child. If your daughter has visitation or partial custody, she can give you the ability to see the child during those visits. However, grandparent's rights statutes exist to protect the grandparent (and benefit the grandchild) in a situation where the common relative is unable to help, such as where that person is deceased or incarcerated, or where the person's parental rights have been terminated. That means that the starting point for you is to talk to your daughter, explain why you want to see your grandchild, and see if she will work with you.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Customer: replied 2 years ago.

This is not about my daughter letting me see my grandson she dos'nt have him or have custady of him. The father dos'nt either the sister and the grand mother has custudy of my grandson. My daughter has not seen him in 3 yrs. either.

Expert:  Lucy, Esq. replied 2 years ago.
I understand that. However, unless the judge has actually terminated her parental rights, or she has given the child up for adoption, your right to see the grandchild is through her. Your daughter is the starting point. If she requested and obtained visitation or partial custody, she could allow you to see the child.

Grandparents' rights cases are very complicated, and they're tough. The law isn't well defined in many areas and, where it is, It is not terrible supportive of grandparents. You usually have to show a pre-existing relationship with the grandchild, such that the child is actually being harmed by not spending time with the grandparent. This can't be a general, "the child would be better with me because I would love him." It has to be based on a prior relationship. If you haven't seen the child in three years, that would weigh against you (especially if you're talking about a child who was very young the last time he saw you). And, in most cases, you have to show that there is a reason that your child can't give you access to the child - such as the situations I've described. If the judge actually said that she shouldn't have custody of the child, based on specific facts, that would help you more than if she didn't ask for custody or visitation.

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