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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37698
Experience:  30 years as a family law lawyer .
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I would like visitation rights to my grandson. He lived with

Customer Question

I would like visitation rights to my grandson. He lived with me and his mother from age 1 to age 6. I supported both of them. His mother became a drug addict and I helped my son-in-law get custody of him. Now he will not let me see him. I call and leave messages for him to pls call and work things out with me,I also email once a week asking to see my grandson. I have kicked his mother out of my home, so there would be no contact between my grandson and daughter.
JA: Family law varies by state. What state are you in?
Customer: Washington
JA: Have you talked to a laywer yet?
Customer: Not yet. it is on my to do list today. Thought I would try this first.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My daughter was living on the streets for about a year when she contacted me for help straight out of jail. I did go and get her, put her in a hotel to come down. I told my son in law what I did wanting to keep everything on the up and up. Before that I was allow to have my grandson overnight occasionally. Now nothing.
Submitted: 4 months ago.
Category: Family Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 4 months ago.

I think a lawyer here is a great idea.This has potential custody and criminal issues.A lawyer to speak and keep the questions on point is a great idea.I have seen may occasions where it starts out as one thing with CPS and next thing you know they are checking house for cleanliness, hair follicle drug testing, parenting classes, and criminal accusations.

You should be very paranoid here, these guys are always out looking for something. A lawyer here to address all of this and limit questions is a great idea.

Also you may want to sue the ex here for defamation for these false and defaming statements.A lawyer can help with that as well.

Often CPS will keep the case open so they can snoop for several months checking up on you and your house, child in school, etc.which really goes way beyond the complaint.It is their nature to snoop and keep on snooping.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 4 months ago.

Lawyer referral

King County Bar Association - Lawyer Referral Service
Website: www.kcba.org/lrs
Seattle, WA
Phone:(###) ###-####/p>

Just understand that CPS in general is not your friend, they can sound real sweet and next thing you know police appear.

Make sure you have no illegal drugs, weapons, etc on the premises, because they will look for stuff like this.They are real snoopers.

Expert:  RayAnswers replied 4 months ago.

Please forgive the misposts they were site errors.

Lets get to your situation here and your questions.

You will need a local lawyer to file a suit for grandparent access.You have great facts to do so and to seek court ordered visitation.The fact you have previous involvement in the child's life would make this in the best interests of the child to have regular visitation with the child.

You will need a local lawyer to file here for such court ordered visitation.

Lawyer referral

King County Bar Association - Lawyer Referral Service
Website: www.kcba.org/l
Seattle, WA
Phone:(###) ###-####/p>

Again I am sorry for the site problems please let me know if you have more follow up.Thanks for your patience.

Expert:  RayAnswers replied 4 months ago.

Law here in Washington State allows for visitation.

CW 26.09.240

Visitation rights—Person other than parent—Grandparents' visitation rights.

(1) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.

(2) A petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides.

(3) A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition or motion is dismissed for failure to establish the existence of a significant relationship, the petitioner or intervenor shall be ordered to pay reasonable attorney's fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion.

(4) The court may order visitation between the petitioner or intervenor and the child between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child's best interests.

(5)(a) Visitation with a grandparent shall be presumed to be in the child's best interests when a significant relationship has been shown to exist. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child's physical, mental, or emotional health.

(b) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for hostilities that exist between the grandparent and one or both of the parents or person with whom the child lives, the court may set the matter for mediation under RCW 26.09.015.

(6) The court may consider the following factors when making a determination of the child's best interests:

(a) The strength of the relationship between the child and the petitioner;

(b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;

(c) The nature and reason for either parent's objection to granting the petitioner visitation;

(d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(e) The residential time sharing arrangements between the parents;

(f) The good faith of the petitioner;

(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and

(h) Any other factor relevant to the child's best interest.

(7) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

(8) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.

(9) Visitation granted pursuant to this section shall be incorporated into the parenting plan for the child.

(10) The court may modify or terminate visitation rights granted pursuant to this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child.

Expert:  RayAnswers replied 4 months ago.

It’s presumed that grandparent visitation is in a child’s best interests when the child and grandparent have a strong relationship such as in your situation here where you have had strong prior involvement.. A court will consider the following factors to determine a child’s best interests:

  • the child’s relationship with the grandparent (is there a strong bond between the child and the grandparent?)
  • the grandparent’s relationship with each of the child’s parents
  • the nature and reason for either parent’s objection to grandparent visitation
  • the effects grandparent visitation will have on the parent-child relationship
  • the parents’ custody arrangement
  • any past criminal history or history of emotional, physical or sexual abuse or neglect by the grandparent, and
  • any other factor the court deems relevant.
Expert:  RayAnswers replied 4 months ago.

If you have more followup please just ask.It was my pleasure to help you.I hope you will file for visitation in this situation to assert your rights as this is in the best interests of the grandchild.

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