Family Law Questions? Ask a Family Lawyer Online.
Thank you for the opportunity to assist you. What is your son's legal status with the child now? Does he have any sort of custody, visitation, etc?
I see. So your goal is to have contact with your granddaughter, but his wife/the child's mother will not agree for you to have visitation. Is that right?
Your son has the right to allow visitation between you and the child. He doesn't have to have his wife's permission.
Taking parents to court to legally force visitation is very difficult. You'd have a very high legal burden to show that the parents are unfit and that having visitation with you is in the best interest of the child. This would probably be tough to do. The most effective way for you to get visitation is through your son.
Thanks for the update. I did not see that you asked for a phone call, only a written question here. If you have questions about your charges, try customer service. I only do the "law stuff" not money!
As for your son, if he wants you to have visitation, that's his right. Even if his wife said, "I'm divorcing you and getting custody of the child!" he would still get visitation with the child and then could share visitation with you. Based on what you've said, it would take a LOT for a court to order that you and the grandchild have no contact.
So, maybe what your son needs to do is stand up to his wife and wife's family, tell them that he's just as much a parent as the wife is, tell the wife's family to butt out, and make arrangements to visit you with the child.