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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18813
Experience:  B.A.; M.B.A.; J.D.
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My son and s girlfriend, had a son. They were engaged, but

Customer Question

My son and his girlfriend, had a son. They were engaged, but they never married. My son broke things off with his girlfriend, and now she will not allow me to see my grandson. My son is serving time now for a probation violation. I want to see my grandson,
and his mother, won't allow me to see him. I have called, and text her, to ask to see him. She has hung up on me, and, ignored my texts. My daughter has asked to see her nephew, and had the same results occur. I had our lawyer approach, my grandsons mother,
to see my grandson as well. I said we could do mediation, for visitation. She won't allow it. What rights do I have, and how do I write a letter to the judge to get him to grant me visitation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

In Minnesota, Grandparents rights to visitations are very limited. See Minnesota Revised Statutes Chapter 257C Section 257C.08. Grandparents can be granted visitations rights if they lived with their grandchild or if their son or daughter (the parent of the grandchild) is deceased. Nevertheless, since your son incarcerated presently and so not available to visit with his child, you may be able to use that to convince the Court to grant you visitation rights.

You do not write a letter to the Judge for visitation rights. You would file a Petition for Grandparent's Visitation Rights with the Court and send a copy of that Petition to the mother of your grandchild. A hearing would be scheduled on the matter and the Court would make a decision whether to grant your request.

You may retain an Attorney if you do not know how to navigate the system and how to prepare the Petition because I cannot tell you what to do. This site prohibits legal advice. You may also use the Court's self-help center for assistance. Click here for self-help center.

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