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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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MY grandchildren have been placed in care. They were in

Customer Question

MY grandchildren have been placed in foster care. They were in custody of their mother. My son is the non-custodial parent. What is his rights for visitation.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. A grandparent's right to visitation is not automatic. The grandparent has to FILE A PETITION with the Court, and ask for visitation. The Court has to agree that the grandparent has provided "substantial and regular support or care" and that there is a emotional bond with the child, as well. See HERE.

If so, then the Court may award visitation - how frequent in duration is up to the Judge, entirely.

Using counsel is recommended, but not mandatory.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!