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Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 57738
Experience:  Experienced lawyer
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My husband and I moved to Durham, NC almost two years ago

Customer Question

My husband and I moved to Durham, NC almost two years ago from Batavia, NY. We have a grandson who is 4 years old. Unfortunately, the parents of our grandson were extremely young when they had him. Our son was 16, almost 17, the mother 15. Our son at the time was very mixed up with drugs, and ended up getting himself into a heap of trouble and landed himself 6 years in prison. With the mother of our grandson so young, (and very selfish), wanted to live the life of a teenager and not a mother. We had our grandson approximately 3 to 4 days a week up to our moving to NC. His mother was always pawning him off on someone else when we didn't have him. We did not become aware of this until shortly before our move. We have developed a very close relationship with our grandson, and have brought him many times to see his father so he would already have a relationship with his father upon his release, which is in four months. We have been allowed to bring our grandson to NC for visits a number of times. He loves coming here and every time we talk on the phone or face time him, he will ask when he can come to NC. His mother has been dating a young man for a little while now, and seems to have a good relationship with him, which we are happy for her about that. She was addicted to heroin for quite sometime and spent time in rehab, we had our grandson a lot while she was out getting high. Recently our grandson's mother got into a big fight with her mother, whom she lived with, and moved out and into her boyfriends house with his parents. Since then, she has decided not to let us bring our grandson to NC anymore. We had plans for him to come for a few weeks in August and he was so excited about it. His mother has suddenly turned back into her old selfish self and is only thinking about herself and not what makes her son happy. She is also suddenly making up stories about our son that we know are not true. We don't understand why she has suddenly decided to play games with us again. She has always played games with people to get what she wants, she uses her son as a pawn and has no regard to what he wants. His mother has moved in and out of her mother's house several times because she can't seem to get along with her either. Since we do have a very close relationship with our grandson and have had him out to NC a number of times to visit us, do we stand a chance of getting grandparents visitation rights to bring him to NC for a couple of weeks. He has been her for as long as 6 weeks at a time in the past. We have always provided the transportation, we would drive to NY to get him, and then drive him back to NY to return him. We have never had any issues or problems during those times. From what her mother told me, it is her boyfriend's mother who has told her not to allow us to bring him to NC. The boyfriend's mother has also confused him by telling him that his meme's house is no longer his home (his other grandmother), where he has lived since birth, (when not with us). He other grandmother has said that he is very confused and upset by this and when his mother comes to pick him up from there he cries that he doesn't want to go with her. This poor child has already been thru so much for only being 4 years old. We would like to continue to offer him some stability by reassuring him that he can still come to NC to visit. He absolutely adores my husband, his papa. We are so heartbroken over this, please advise. I know I threw a lot out there, probably not making any sense at times, but I am trying to hard to type this without breaking down in tears.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: He is in NY.
JA: Has anything been filed or reported?
Customer: Reported as in what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is so much more, but I tried to simplify it the best I could.
Submitted: 3 months ago.
Category: Family Law
Expert:  Infolawyer replied 3 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 3 months ago.

You have a right to pursue visitation and possible custody, where parent is not acting in best interests of the child and exposing child to an unsafe living environment. Normally, legal counsel would be retained locally to pursue the matter amicably and if needed by court action building on a timeline of events to support the court application.

Customer: replied 2 months ago.
My question was do we stand a chance?
Expert:  Infolawyer replied 2 months ago.
I would put your odds at 75 percent from facts provided.
Expert:  Infolawyer replied 2 months ago.
Good luck.
If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.