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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I want to see my son children he died 7 yrs ago. s wife has

Customer Question

I want to see my son children he died 7 yrs ago. His wife has kept them away from me sents June. How do I go about seeing my grandchildren.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

That is correct. RI does have a statute regarding Grandparent visitation rights. You will need to file a Petition with the Court in the county where the child lives. In the Petition, you have the burden to prove that YOU:

1 are a "fit and proper person" to have contact with the child

2 have repeatedly attempted visitation during the 30 days preceding the filing of the petition

3 cannot visit the grandchild without court intervention at no fault of your own.

Grandparents must show through "clear and convincing evidence" that the parent's decision to refuse visitation is unreasonable.

I suggest that you begin with writing the Mother a letter making the request to continue visits. It is important that this is in writing. And I suggest you mail it certified with a return receipt requested. That way you can show the court you have been making efforts, and you made one final request in writing.

Expert:  Samuel II replied 1 year ago.

HERE is the LINK so you can read the RI Statute in this regard. And you can print it out and enclosed a copy in the letter.

Expert:  Samuel II replied 1 year ago.

Once you send the letter and have given her 7 days from receipt of the letter to contact you regarding the visits, if she has not then get the packet of documents from the clerk of the court in the child's resident county. File the Petition.

Expert:  Samuel II replied 1 year ago.

Once the Petition is filed, you will need to have her Served by the local sheriff or a private process server. And she will be able to respond in opposition. Once she does that, then you file a Motion for Hearing.

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