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I am the paternal grandmother of my son's 3 yr. Daughter. The…

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I am the paternal grandmother...
I am the paternal grandmother of my son`s 3 yr. Daughter. The mother and my son have never been married nor lived togeather. She had refused to let him see her after her 1st birthday, but continued to allow my family to see her and keep her for 4 to 5 days out of the week. He has sense got an attorney and in the process of a hearing. My granddaughter has said on numerous times that the people who the mother has pick her up does not put her in a car seat.What i am trying to find out is if i myself with my son knowing take her to talk to someone. There is more going on than this. I just want to know where i could stand in the eyes of the courts with becoming her gaurdian
Submitted: 3 years ago.Category: Family Law
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6/2/2015
Family Lawyer: Dimitry K., Esq., Attorney replied 3 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 follow-up. Please permit me to assist you with your concerns.
To answer your question directly, both Federal and Nebraska 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 you have no rights. You can still petition the courts for guardianship or for visitation, but getting such rights is fairly difficult. The courts will only grant you visitation if you can show that a legitimate bond exists with the grandchild, and that it would be in the best interest of the child to be with you. Additionally, if you ever had guardianship, or the grandchild lived with you for a significant time (5 months is borderline) you likely have enough to claim that a bond existed. This is not to say you shouldn't pursue this, I am merely pointing out the law and the options available. You can seek rights, but as parents their rights are typically superior to yours. Still, since the children lived with you I suspect you can fairly easily show that a bond exists which would permit you to seek out a basis for at least visitation.
Hope that helps clarify.
Sincerely,
Dimitry, Esq.
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