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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am a Grandparent of a beautiful 6 year old. She and her mother

Customer Question

I am a Grandparent of a beautiful 6 year old. She and her mother came to live with my husband and I in October of 2013. In the course of 5 1/2 months her mothers' drinking was out of control. So Mom flew back to Oregon abandoning all belongings of her's and Stella's. At the time my son was awaiting sentencing which I still don't know the truth, I only wanted to be closer to my granddaughter and help, with the gift of watching her grow up. Her mother and I had our differences when she drove my car under the influence of alcohol, she no longer could drive my car because my granddaughter was always with her. My granddaughter had been sexually molested by an 11 year old girl which prompted inappropriate behavior so I sought help from our police department. Stella was evaluated but Her mother left the day she was to have a psychological evaluation to Oregon. I cannot speak to Stella, send her cards, gifts Ect...I just would like to hear her voice again and talk to her so she does not forget Nana. I have been a part of this child's life since she was born. Can you help me?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
How long has Stella been back in Oregon?
Customer: replied 1 year ago.
Since February 5, 2014
Customer: replied 1 year ago.
Ther is not much more to add except her mother is a drunk and drug addict as my son is too. But he has been incarcerated for 7 to15 years. All the while Charlotte knew this and was as bad as he
Expert:  S. Kincaid replied 1 year ago.
You would have to file for visitation rights in Oregon because the child has been there more than six months, unless there is a custody case in your state. In Oregon, a child's grandparent may be granted an order establishing reasonable rights of visitation if:the grandparent has established or attempted to establish ongoing personal contact with the child; andthe custodial parent has denied the grandparent reasonable opportunity to visit the child.In deciding whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including the following:The grandparent is or recently has been the child’s primary caretaker.Denying the request for visitation would be detrimental to the child.The relationship between the grandparent and the child has been encouraged or consented to by the parent.Visitation would not interfere with the custodial relationship.The legal parent has unreasonably denied or limited visitation.It is not guaranteed that visitation would be granted, but there is a reasonable possibility. Do you have any other questions?