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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am the grandmother of a 6 year old boy who is living with

Customer Question

I am the grandmother of a 6 year old boy who is living with his mother and stepfather in deridder la. My son who is incarcerated and in germany has not been able to comunicate with his son. I had started the process of bring the mother of my grandson to court and had papers drawn up. when the sheriff went out to serve them to her she was not there but suddenly she called me and allowed me to see my grandson. I have been helping them financially for over a year now and reciently i asked if my son could call and speak with his son. they said yes but them told me they needed money. this month i had given them $550.00. when i said i was not happy with the situation i recieved a text message that they do not want to be contacted anymore. when my son called they did not answer the call and i have been put in the position of not having any more comunication with my grandson since i live in new york and they are in louisiana. what should i do next i do have cancelled checks and proof that i have been helping them and I have had my grandson on two trips to Louisiana without any problems. what should i do next.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, what ideally do you wish to accomplish? Do you want your money back or you want access to the child, or both? I ask because a parent legally can bar access to anyone else, including grandparents, so I am just trying to understand what it is that you are seeking to do. Please advise.
Customer: replied 2 years ago.
I want to see and comunicate with my grandson. i thought that louisiana was pro grand parents. can i take them to court to get visitation rights.
Customer: replied 2 years ago.
I am a professional person and have never been in any trouble. I have been able to take my grandson with there permission on two other occasions. I would think that in order to bar me they would have to prove me a bad influance on the child.
Customer: replied 2 years ago.
I am waiting for a response in regards ***** ***** I can do. Can I go to court with them for visitation.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,
You can indeed take them to court and seek visitation. However the state still considers that parents have primary and superior rights, while you as a grandparent have inferior rights. For you to prevail you need to show that you have a strong bond with the child and that this visitation is ultimately in the best interest of the child. You are incorrect that they have to prove that you are a bad influence, as parents they have the superior right to bar access to ANYONE from seeing the child, including grandparents--it is up to the courts to find that your access is in the best interest of the child. They do not have to prove that you are a bad influence, the burden of proof is on you to show that you have a good influence on the child.
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
Ok should I file paper's again with family court in Louisiana.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,
Yes, that is correct. I suspect that they tried to get you to remove the papers and once you did, then cancelled access. This time do not withdraw but take it to a hearing and have the courts evaluate whether or not you having access is in the best interest of the child.
Sincerely,
Dimitry, Esq.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,
I see that you have reviewed my information. Kindly do not forget to positively rate so that I can obtain credit for my work. Thank you very much!
Sincerely,
Dimitry, Esq.