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 FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 25364
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
9540344
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

John. My name is ****** looking att. in

Customer Question

Hi John. My name is ***** ***** an att. in reference to a couple of things, first grandparents rights of visitation, Dui this is for my son , and now his girlfriend has served him with papers to suspend his visitation due to his drinking. which i might add that is one thing he does not do when he has the child. can u help. he is in Praque ok. I am his mother in los angeles

Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
What evidence does she have to believe he drinks when the child is around?
Expert:  Kent-cssm replied 1 year ago.
Hello,
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/family-law/97195-john-name-is-looking-att-reference.html#re.v/173/).
Thank you,
The JustAnswer Customer Support Team
Customer: replied 1 year ago.
***@******.*** answer to your question , I think just that he has been arrested for drinking like at the bar, but as far as I know there has never been a problem when he has him. she takes him to his house or they both spend the day with him together. I believe that is just a ploy to gain I guess sole custody, but i thought she had that and he just sees him every sun or every other sun
Expert:  FamilyAnswer replied 1 year ago.
Just wanted to see if you still needed help? Are you online?
Customer: replied 1 year ago.
yes
Expert:  FamilyAnswer replied 1 year ago.
Thank you for the reply. I was just checking as it appeared there have been questions asked in the past which were never accepted, so I just wanted to make sure when we finish, that you rate my help prior to leaving. With that being said, the circumstances in which a grandparent can be granted visitation rights are listed in the Oklahoma Grandparental Visitation statute, 43 Okl.St.Ann. § 109.4. The statute lists three requirements, all of which are mandatory, before a grandparent may be awarded visitation rights, namely: A. The district court deems it to be in the best interest of the child pursuant to subsection E of this section, andB. There is a showing of parental unfitness, or the grandparent has rebutted, by clear and convincing evidence, the presumption that the fit parent is acting in the best interests of the child by showing that the child would suffer harm or potential harm without the granting of visitation rights to the grandparent of the child, andC. The intact nuclear family has been disrupted in that one or more of the following conditions has occurred:an action for divorce, separate maintenance or annulment involving the grandchild's parents is pending before the court, and the grandparent had a preexisting relationship with the child that predates the filing of the action for divorce, separate maintenance or annulment,the grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled,the grandchild's parent who is a child of the grandparent is deceased, and the grandparent had a preexisting relationship with the child that predates the death of the deceased parent unless the death of the mother was due to complications related to the birth of the child,except as otherwise provided in subsection C or D of this section, legal custody of the grandchild has been given to a person other than the grandchild's parent, or the grandchild does not reside in the home of a parent of the child,one of the grandchild's parents has had a felony conviction and been incarcerated in the Department of Corrections and the grandparent had a preexisting relationship with the child that predates the incarceration,grandparent had custody of the grandchild pursuant to Section 21.3 of this title, whether or not the grandparent had custody under a court order, and there exists a strong, continuous grandparental relationship between the grandparent and the child,the grandchild's parent has deserted the other parent for more than one (1) year and there exists a strong, continuous grandparental relationship between the grandparent and the child,except as otherwise provided in subsection D of this section, the grandchild's parents have never been married, are not residing in the same household and there exists a strong, continuous grandparental relationship between the grandparent and the child, orexcept as otherwise provided by subsection D of this section, the parental rights of one or both parents of the child have been terminated, and the court determines that there is a strong, continuous relationship between the child and the parent of the person whose parental rights have been terminated.As such, this is what you would need to show and prove. Now, as far as his visitation and it being reduced, the burden would be on her, as the moving party, to show that while the child is in his care he is drinking and under the influence of alcohol and unable to care for the child and he places the child in potential harm. There mere allegation alone is not enough, so unless she has evidence, her request is likely to be denied. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Related Family Law Questions