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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Our lawyer told us that there was no way we could get

Customer Question

Our lawyer told us that there was no way we could get visitation rights of our grandchildren. How can we? We miss them so much!!! Please tell us what we have to do to get visitation.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the US Supreme Court held in Troxel v. Granville, 530 U.S. 57 (2000) that the rights of the parents to make decisions for their children is a fundamental right (basic civil right) that will not be infringed upon unless it is proven by clear and convincing evidence the parent is unfit.
Thus, unless you can prove the parents are unfit to decide upon what is best for the children, your attorney is correct that the court is prohibited by the US Supreme Court holding from granting you grandparent visitation.
If you can prove they are unfit, then the court could intervene to allow you rights, but that is something that since the US Supreme Court decided Troxel happens very infrequently.

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