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My husband and I have gone though a very bad divorce which…

Customer Question
Ok my husband and...

Ok my husband and I have gone though a very bad divorce which he involved my kids to the point they are mad and are taking his side, and now my kids will not allow me to see my grandchildren, just wondering what rights do I have to see my grandchildren. I have been a very big part in there life before mine and my husbands divorce.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Utah

Lawyer's Assistant: Have you talked to a lawyer yet?

No, about my rights to see my grandchildren?

Submitted: 3 months ago.Category: Family Law
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Answered in 5 minutes by:
3/6/2018
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,148
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
ok, I do not want to be charged for this. if this is going to cost me then I can't do this it just cost me $12,000 and I can't afford it
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hi, it won't cost you that. I believe the total is like $42; about $100 if you request a phone call. Would you like me to continue?

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Customer reply replied 3 months ago
I don’t think so, if anything I will have to go back to my attorney who already has a retainer from me, I just didn’t want to go this way. My kids seem to think they have something over on me because it is there children
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about that. Unfortunately, grandparents do not have rights to their grandchildren at all. You'd have to go get guardianship if you wanted to see them legally.

t's not out of the ordinary for adults to try to arrange for custody of children. To do this, you are going to need to get guardianship over the child. If you are looking to have legal rights over the child, then you must go through your state's court system. It typically starts with filing a petition, which is just a request through the courts to remove the rights of at least one of the parents in favor of you. Once you fill out the petition, you should make three copies: one to you, one for the court, and one to the other parties (typically the parents). It is critical to understand that the courts are bound to look at what is in the best interests of the child above all else. This means they will look into who and how the child’s health, education, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the kids cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge when you are dealing with the other side because you’ll be seeing this process through the court’s eyes.

Regardless, once you have filed the documents, someone who is over 18 and not a party to the case will serve the document on the other party. They will have a chance to respond to the petition and they will serve you as well. The court will likely set a date where they will either order mediation or they will make a decision at that time. If you can’t agree at mediation or if the court decides it needs more info, then it is likely you would go to a trial where you can put on witnesses, provide your own testimony, and let the judge make a ruling after that. Those are less likely scenarios, but they come up on occasion.

The order is enforceable from the moment it is entered and if a party fails to abide by the order, then they are going to be held in contempt of court.

How else can I help you today?

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Customer reply replied 3 months ago
Nothing else thank you for your time
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

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  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

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Customer reply replied 3 months ago
I gave my Visa card #***** I do not want to be charged anymore then the $5.00
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I understand.

You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-**** for questions about that. I would call them ASAP so you can reverse any charges.

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Legal Eagle
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Category: Family Law
Satisfied Customers: 12,148
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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