Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. In order to force/make her allow this, you would need to proceed through the court and have it court ordered. Ideally, if they are getting a divorce and separated at that time, when you son has your grandson, he would make sure you are present and involved. However, if the mother
has the child, it is at her discretion right now, to allow for him to come see you. Since she refuses, you need to retain counsel and have it court ordered. The family court may order visitation
for the grandparents of a minor child where either or both of the child’s parents are deceased, divorced, or separated and if:
(1) the child’s parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and
(2) awarding grandparent visitation
would not interfere with the parent-child relationship; and:
(a) the court finds by clear and convincing evidence that the child’s parents or guardians are unfit; or
(b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest.
If you can show this, then the Judge has the discretion to grant it.
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