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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My son was arrested for domestic violence. There is a child

Customer Question

My son was arrested for domestic violence. There is a child involved. The parents are not married, but paternity test was done. I have been babysitting my granddaughter while the mother goes to school. But I said the wrong thing to her in a text today. Now she feels she can no longer trust me. Can I see my granddaughter? How do I go about seeing her. The mom and almost two year old are in a shelter for domestic violence victims. Thank you.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: Not yet. Was told that if I contact one, that perhaps the mother will not be allowed to take the child out of state so I can see my granddaughter.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My son and I are both strapped for money. I bought a house for them to live in and they have been paying me rent. She refuses to go back to the house even though my son told her they both could and he can't go there per the Court order. So, no one can live there now until the Court changes the present order.
Submitted: 9 months ago.
Category: Family Law
Expert:  originallawyer replied 9 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 9 months ago.

In Colorado, a grandparent may only obtain visitation rights if one of the following has occurred:

  1. The grandchild's parents have obtained a dissolution, annulment, or legal separation,
  2. The child has been placed into the legal custody of someone other than a parent, or
  3. The child's parent, who is the child of the grandparent seeking visitation, has died.

At this point, 1 doesn't apply since the parties weren't married, but the other two apply and do not seem to have occurred.

Also, the court would have to find that it's in your grandchild's best interest to have visitation with you. The court prefers to let the parents of the children make the decision as to who the child sees, so you would need to show the court that it's actively harming the child not to see you.

Grandparent cases are difficult to win because the United State Supreme Court recognized that parents have a superior right to determine who their child spends time with in Troxel v. Granville. It's unlikely that a Judge would refuse to let a mother move out of state solely so a grandparent could have visitation, unless the Grandparent's child (in this case your son) was deceased and the grandparent had stepped into the parent's role. So if your son is still alive and able to eventually see his child, your case may not be successful.

Every case is different, however, so I do suggest that you see an attorney in person who is well versed in Grandparent's Rights cases. They may be able to look at your situation in depth and give you a different answer. It will definitely depend on what you said to your daughter in law that made her feel like she couldn't trust you.

Customer: replied 9 months ago.
Ok thank you. I will find a lawyer.
Expert:  originallawyer replied 9 months ago.

You are welcome!

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