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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110491
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son is living in my home. He says he is in the process of

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My son is living in my home. He says he is in the process of getting divorced. I have taken care of my grandchild, and also when he came to my home in February. He is now daily visiting his spouse and she has taken the child and is refusing to have her visit me. As a consequence of all this, both the child and I are being deprived of each other, and we have been very close.
The child was adopted by my son (who is really her second cousin). I am the Great Aunt, she was my sister's grandchild, and my sister recently passed away.
Submitted: 4 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

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Can you tell me what state this is in please? That makes a huge difference in the law. Thank you.

Expert:  NYFamilyLawyer replied 4 months ago.

Hello. I can't answer this question without knowing which state this is. If you'd like to have a phone call, I can do that too. Please let me know what you want to do. I'm here for you. Thanks.

Expert:  Law Educator, Esq. replied 4 months 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.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor opted to leave the question.
Unfortunately, grandparents rights in MO are almost not existent. Under the law, the US Supreme Court has stated that the parents have a fundamental basic civil right to make decisions for their children and that right will not be interfered with by the court unless it is proven by clear and convincing evidence that the parent is unfit. See: Troxel v. Granville, 530 U.S. 57 (2000)
So, I am afraid that in this instance, you will need to work with your son to convince the mother to allow you to see the child. If your son refuses, I am afraid that you have to honor the wishes of the parents because the law has stated that it is a constitutional right of the parents to make these decisions.

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