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I live in the state of Nebraska. I’m a grandmother to a

Customer Question
I live in the...

I live in the state of Nebraska . I’m a grandmother to a three year old. I know that we as grand parents have no rights so I ask this for the past two years our son has had his daughter every weekend Thursday till Sunday. Now all of a sudden the great mother is telling my son that he can only have her late Friday till Sunday because she wants to have her. The mother of the child isn’t in the picture that much what should my son do

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

Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No my son is afraid to because if he makes waves they won’t let him have her

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He pays child support every month and supplies clothing etc. my son little girl goes to the grandmother of the little girls mother and also the great grand mother

Submitted: 4 months ago.Category: Family Law
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Answered in 3 minutes by:
3/13/2018
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Has your son ever been to court to establish custody or a visitation schedule? You said that he pays support, but has he established paternity through the courts?

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Customer reply replied 4 months ago
No on Custody or visitation but paternity was done they were never married
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Thank you.

As long as paternity is established, the parents have shared custody until a court says otherwise. The great-grandmother has no authority whatsoever to take the child away from him. The mother arguably could, but he doesn't have to turn the child over to anyone else when they knock on his door. The rights of a parent trump all non-parents.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

It would probably be in his best interests to go to court to get a custody or visitation schedule set up. If the mother isn't in the picture, he could wind up with full custody. It would then be to the great grandmother to seek visitation - which isn't half the time or even close. Grandparent visitation is usually a few hours a week, or possibly one overnight. If he goes to court, chances are that he'll wind up with significantly more time with the child than he's getting now.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Another option is to hire a local attorney to send a letter to the great grandmother - which can be delivered while the child is with your son - explaining his rights and obligations, and letting her know that if she makes any further attempts to infringe upon his time with the baby, he'll go to court looking for full custody.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Do you have any other questions about this?

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