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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My daughter is a single Mom of two boys,(2&5) her ex is

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My daughter is a single Mom of two boys,(2&5) her ex is father of both,8+ year relationship, most of the 8 years he was. in rehab,jail ,or high.He is an alcoholic and drug addict,for the past 5 years herion,is his drug of choice.His mother had contact with the children until,May2017.She asked his mother to not allow the 5 year old to have contact with his father,without her being present. The grandmother was allowed a sleep over but upon returning the 5 year old told his mom spoke to his Dad via phone.When confronted the grandmother called the boy a liar.My daughter decided to not allow solo visit or sleepover's any more. My daughter would meet her somewhere, and she could come to our home and see them. This was not to her liking,she filed for visitation \costody.the date was Aug.4,unfortunately we were in a multiple car accident on May 1,my daughter was taken from the accident via ambulance, she is on multiple meds,we sent fax with doctor's note to court's.My daughter has supported these boys ,no help emotionally or financial,from their father.The courts have rescheduled the date for Aug 30.My daughter wants nothing.She is willing to allow visits with her present.She does not want her children in the system.What can she do ?Also the grand other is 3 times married and divorced, and both her sons are addicts.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good evening. Just to be clear, she does not want to accept supervised visitation and wants the children alone?

Customer: replied 2 months ago.
She was allowed a handful of overnight (no more than 6) in the past but only with the 5 year one,and she did have the younger boy once when there was an emergency.She was fine until she broke her word,the youngest doesn't even her son listed as father on his birth certificate. She can see them with my daughter present, she only had to ask but she wants what she had.She wants to call the shots,she has never even apologized for. breaking her promise of no contact with the father.They my grandsons don't know him at all,and she claims her present is enrichment.There are great grandparents and a great uncles and aunts who are nice.Our state's court of appeals has ruled that grandparents rights are unconstitutional, but our county goes case by case.
Customer: replied 2 months ago.
Sorry our accident was Aug.1,the 5 year old has asthma and allergies and can get very sick.very quickly she knows nothing a bout his meds,or treatments. The 2 year old is a handful and she doesn't want him at this time" he's to much",her word's.
what state is this in? For some reason the state is not appearing.
Customer: replied 2 months ago.
New York,Suffolk Countr

The court evaluates the following set of criteria when considering grandparents request for visitation of their grandchildren:

  • whether the grandparents have legal standing in their grandchild's case
  • whether it will hear a grandparent's request for visitation
  • whether visits with the grandparent should be given based on what is best for the child

Before a court decides whether you have the right to request visits with your grandchildren, you must show that you have legal standing to request visitation rights.

Legal standing is the determination that you have a legal interest to participate in a court proceeding -- it is the right to be heard by the court. In New York State, a grandparent has standing or the right to request visitation of their grandchild when:

  • one or both parents of your grandchildren have died
  • the court decides that it must get involved because of the special circumstances of your grandchild's case

As such, you may have a defense and could contest her request to have visitation, if she does not meet the requirements above

Customer: replied 2 months ago.
The father has been in trouble with drugs and alcohol since he was 15 ,DWI. and he left NY and went to Virginia to
get a fresh start in March of 2015,he was set with a job and sober living ,he was arrested multiple times finally in summer of 2015 he was arrested for possion in Chesterfield Co.Va.He was realised in March\April of 2016 and returned to New York.He did not seek out his children or my daughter. His mother has paid lawyers, rehabs and rent to keep him happy, a phycologists referred to him as a narcissistic psychopath.These boys have no relationship with him.His mother wants to be grandmother when it's on her terms. They didn't see her every week maybe every 5/6 week if it worked out for her.The 5 year old has been in school since he was 3 she never asked where he went to school,nerver asked about going to a school function. nothing.Also her sworn petition is really incorrect on dates whole years shifted she made a sworn statement that is grossly incorrect.

It would not appear that would give her standing to proceed and get visitation. Her son is alive and it is hard to say that there is a special case with the kids, since you are involved. You have a right to allow visitation, as you desire, she you have primary custody and he is not even around. You can also object and contest what she is alleging in the petition and show there is no basis to allow her to proceed.

Customer: replied 2 months ago.
The father returned to New York in late spring \ early summer of 2015 and my daughter gave him options either sign paternity paperwork and change the 2 year olds name (family court)or sign paperwork to change 5 year olds last name(supreme court, $ 210.00 we paid) to ours .So the children have our last name.He opted to deny the youngest and allow the older boy's name was changed.The

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Customer: replied 2 months ago.
The grandmother found out when the 5 year old was in hospital very angry.

These are all things your daughter can argue and show the Judge.

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