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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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We leave in NC. My sister passed and I am having problems

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We leave in NC. My sister passed and I am having problems with my nephew's dad who says he does not have to answer any request to see his son. My mom repeatedly get's denied request and now he is starting to deny my request. We do not want custody as my nephew has already lost one parent. All we want is to be able to see him. I believe my mom has visitation rights, but do I?
Thank you for your question. Please permit me to assist you with your concerns.

To be honest I am not sure that your mother has visitation rights. Does she have some sort of a court order in place?
Customer: replied 3 years ago.


No she does not, I had just heard that most states grant grandparent's visitation.

Thank you for your follow-up, Kevin.

To grant grandparent visitation, a court order is required. Your mother would have to go to court and request a right to visit, something that currently the father of the grandson can lawfully deny. Under the Troxel v. Granville decision from 2000, the US Supreme Court expressly ruled that parents have superior rights to their children, which allows the right to deny access to ALL other parties, including other relatives and grandparents. That would also include you. Neither you nor your mother currently have a natural right to see the child. The only ways to obtain such a right is either by going to court and claiming that due to the bond that the child has with your mother (and yourself), it would be in the child's best interest to maintain such visits with you, or to convince the father to grant you consent. But if he refuses and does not want you to see the child, or communicate with the child, as the parent he is fully within his rights to do so.

I am sorry.

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