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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1628
Experience:  Experienced, and knowledgeable family law attorney.
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I'm grandmother my son has a daughter who will be 2 in june

Customer Question

Hi I'm grandmother my son has a daughter who will be 2 in june his wife will not allow me to see my granddaughter she says its because i took them to court for vistation for grand parent rights in NY.. but when she had the baby she was living in the same city and after she had the baby she moved more then 120 miles away. my son said mom i want you to see the baby but because his wife is a cutter and drama queen he doen't know how to fix it. im ready to take her to court again. Please help me!! P.S. he is my only child.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.

Thank you for the opportunity to assist you. What is your son's legal status with the child now? Does he have any sort of custody, visitation, etc?

Customer: replied 1 year ago.
My Son is married and lives with his wife's family in there home in Dutchess Count new York he is 26 ADHA, and his wife is a cutter. None of my family has seen the baby her faMily is in control. He is stuck in the middle between his mom and wife.
Expert:  S. Huband, Esq. replied 1 year ago.

I see. So your goal is to have contact with your granddaughter, but his wife/the child's mother will not agree for you to have visitation. Is that right?

Customer: replied 1 year ago.
They say that it's because I took then to court. But she had no plans off letting me see my only granddaughter. I rather get a call then texting.
Expert:  S. Huband, Esq. replied 1 year ago.

Your son has the right to allow visitation between you and the child. He doesn't have to have his wife's permission.

Expert:  S. Huband, Esq. replied 1 year ago.

Taking parents to court to legally force visitation is very difficult. You'd have a very high legal burden to show that the parents are unfit and that having visitation with you is in the best interest of the child. This would probably be tough to do. The most effective way for you to get visitation is through your son.

Customer: replied 1 year ago.
you got it he has rights but they are threatening to take his child.. if he does allow me to see her.. FYI I will not pay an additional 52 to talk when I requested a call from the beginning. I'm on a fixed income.. 27 is all i can afford to pay.. if you have any advice I will take it my son doesn't know what to do or how to handle the situation.
Expert:  S. Huband, Esq. replied 1 year ago.

Thanks for the update. I did not see that you asked for a phone call, only a written question here. If you have questions about your charges, try customer service. I only do the "law stuff" not money!

As for your son, if he wants you to have visitation, that's his right. Even if his wife said, "I'm divorcing you and getting custody of the child!" he would still get visitation with the child and then could share visitation with you. Based on what you've said, it would take a LOT for a court to order that you and the grandchild have no contact.

So, maybe what your son needs to do is stand up to his wife and wife's family, tell them that he's just as much a parent as the wife is, tell the wife's family to butt out, and make arrangements to visit you with the child.