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Ask Amber E. Your Own Question
Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1482
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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I would like to know if I can file a petition myself for grandparent

Customer Question

I would like to know if I can file a petition myself for grandparent visitations by drafting a letter addressed to the davidson county juvenile courts and be granted visitations if I am the paternal grandmother, my son is incarcerated and has been for almost two years with another year to go, I have had a significant relationship with my grandchild for the last 3 consecutive years and my grandchilds' mother has been assaulted (with my grandchild present) and has filed domestic violent charges against her boyfriend for the past 2 years whereas there has been police reports made for assault on multiple occassions but my grandchild's mother never follow through with the protection orders nor the prosecution and continues to allow the boyfriend to be in the home?
Submitted: 8 years ago.
Category: Family Law
Expert:  lwpat replied 8 years ago.
You can't do it by drafting a letter. To have any chance of success you will have to file a petition in court seeking custody and an attorney that knows how to obtain the evidence, subpoena the witnesses and present your case. It is difficult for a grandparent to get custody but not impossible.
Customer: replied 8 years ago.

Answered received was too broad and did not directly answer my question.

Expert:  Amber E. replied 8 years ago.
Perhaps I can help. To answer your question, no. You can not file a petition for visitation by drafting a letter. However, you can file a petition for visitation. The petition has to be drafted a certain way and filed with the court. You can contact the clerk of court to review similar petitions that have already been filed and determine whether they have a blank "form" petition for you to use. You will probably have to hire an attorney to assist you if you are unable to locate or draft a form on your own. Once you have the petition drafted and filed, it will have to be served. There are specific procedures for service as well, and these have to be followed if you are to ever get your case heard before the court. For this reason, it would be best if you hire an attorney to assist you or, if you can not afford an attorney, contact your states' bar association for a referral and/or apply with legal aid.

Once the matter is properly filed and served, it will then be up to the court to determine whether allowing you visitation is in the best interest of the child. Based on the information you have provided (the father, your son, is incarcerated, and you have a close relationship to the child), you may have a good case for visitation. Hope this helped, if you have a follow-up do ask.