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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 looking to file grandparents visitation rights. My son

Customer Question

I am looking to file grandparents visitation rights. My son and his ex are no longer together. She will not answer any calls or texts from either of us. JJ is now 3 months old. I have seen him once since he was born. I do not know where to being to get visitation. There is not a blood text taken and we do not know if my son is on the birth certificate. My son is not in a place right now to take her to court. He is living in a motel room and has only had his job for 3 months. Do I have a chance?
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.

Is the mother unfit in any way, or you do not know? I ask because that will greatly affect the success of your visitation. If your son is not listed on the birth certificate, then until he asserts his rights (if he ever does), you are seen as a legal stranger to the child and are therefore not entitled to any rights. If he is listed on the birth certificate, to assert visitation you must show that the other parent is 'unfit' and unable to care for the child, AND that having a relationship with you would be in the best interest of the child. Now, most courts won't grant visitation until the child is old enough to understand who you may be, meaning until the child is around 2 years of age, but the courts are more likely to provide such rights if the other parent is unfit and is unable to care for the child. This is why I would say that short of proof that she is unfit pursuing visitation now is likely going to be very unlikely to be successful, but pursuing them later will be more likely to be granted.

Sincerely,

Dimitry, Esq.