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My son lives in Oregon and he has a 3 year son that stay with his x-girl fr

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iend. I live in North...
My son lives in Oregon and he has a 3 year son that stay with his x-girl fr iend. I live in North Dakota. Im just wondering about my Visitation Rights as his grandma.Will I have to pay 48.00 for every question i have?
Submitted: 6 years ago.Category: Family Law
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Answered in 3 minutes by:
2/1/2011
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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Thank you for your question.

Both Federal and State laws favor parents making decisions in keeping access away from grandparents if they so choose. In 2000, the US Supreme Court, in a decision called Troxel v. Granville, stated that parental rights are superior to grandparent rights and that parents have the right and the ability to withhold access.

That does not mean that grandparents have no rights. They can still petition the courts for guardianship or for visitation, but getting such rights is fairly difficult. The courts will only grant visitation if grandparents can show that a legitimate bond exists with the children, and that it would be in the best interest of the children to be with their grandparents. Additionally, if the grandparents ever had guardianship, or the children lived with them for a significant time (5 months is borderline), makes it much more likely that such a bond existed.

Ultimately you have 2 options--you can either pursue visitation through your son (that is, when he has custody, he can permit you to see the child), or, if you have your own bond with the child, you can seek and pursue formal visitation. However without some sort of a bond I do not see the courts granting you rights.

Hope that helps.


PS. In terms of asking questions, if you ask follow-up questions to this, you are free to do so until satisfied. If you wish to ask questions beyond the scope of this topic and questions, the site prefers that you open up a new thread for the new question.

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 5:38 AM EST
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Customer reply replied 6 years ago
Will my son doesn't have custody of him she says when he can see him or not. she plays allot of games with him. She was suppose to let him bring him to see me but at the last minute she changed her mind. Should i maybe look at him trying to get joint custody? No one has custody of him.
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

That would be the wiser option. He, as the legal parent, would have a much greater chance of receiving formal legal visitation rights or even some custody instead of if you would file for yourself. Then, if he does have rights, she would no longer be able to deny him, and you would also be able to visit the child (when it is his time to be with the child) and also visit.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 6:02 AM EST
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Customer reply replied 6 years ago

What would be his chances of get joint custody of him? My son has paid child support and medical for him. The mother has drug and drinking problems at one time i believe she was made to go to classes. My son works full time and has been trying to finish collage so he can become a doctor. but it has been real hard.

 

Which way would be the best for him to try for joint custody or other??

 

Also thanks for your help

Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
You are most welcome.

Without knowing more facts I cannot give you his chances, but I can tell you what the courts look for in gaining or providing custody.

What the courts look at is what they deem to be "in the best interest" of the children as well as the fitness of parents. Fitness is looked upon as possible history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminal record/history/parole/probation, & moral turpitude. The courts also tend to favor parents who wish to reside in the current location, and those that have a proper home for child-rearing.

If your child has not really raised the child yet, it is highly unlikely that he will be granted joint-custody rights right away, unless he is able to show the other parent as unfit. Otherwise he will most likely be granted visitation, and later on he could refile and request more rights and a bigger role in the child's life. The fact she has a drug problem CAN be used by him in his petition, and may grant him a better chance at getting rights than he would have otherwise.

Good luck.



Edited by Dimitry Alexander Kaplun on 2/1/2011 at 6:25 AM EST
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Customer reply replied 6 years ago

My son has him as much as he can get him. My grandson stay the weekend with him. They go to the park. So my son has been in his son life from tthe time he was born.

 

Do you know any good Attorneys in Oregon?

Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
That is good to hear, as he can then request a much greater role in raising the child. If he can show a bond ow, and that he has been an attentive and a present parent, the court will be much more likely to grant greater rights to him.

I am sorry but I cannot provide specific referrals as that is against my site agreement. I do suggest that either you or your child browse the listings at www.avvo.com and www.martindale.com for competent counsel.

Good luck and kindly press the green "accept" button so I can be compensated for my assistance. Thank you.

Sincerely,

Dimitry Alexander Kaplun, Esq.
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Customer reply replied 6 years ago
Thanks Very Much for your help and have a Very good night. Thanks again
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
You are most welcome and good luck.

If you feel I helped, please do not forget to press the green "accept" button as that is the only way I get compensated by the site for my assistance to you. Thank you.

Sincerely,

Dimitry Alexander Kaplun, Esq.
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