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2 years ago our son got divorced, since then the 2 kids he…

2 years ago our...

2 years ago our son got divorced, since then the 2 kids he has have been dragged in and out of our lives because he just got out oif military and is very unsettled, we recently had visitation as the supervisor over our son to see the kids every other weekend since October. well our son has made the decision to move out of state and give up his visitation to the children. My husband and I have reached out to the mother expressing that we still want to continue to be in the childrens lives she just responds with leave me alone. We would like to find out how we go about getting some visitation right to the children

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No we have not filed anything this just happened over last few days the children live in Utica Ny and we live in Fulton Ny,

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

No this is my first outreach on what I can do

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

What else would you need to know

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Answered in 1 minute by:
3/27/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,383
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 3 months ago
Is there any other information you need besides what I have stated above

No, not at the moment.

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 3 months ago
I do not want to talk for a additional fee, what other info do you need to know

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I'm typing up your answer now, thanks!

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Customer reply replied 3 months ago
Thank you for reviewing will wait for response

The state of New York is one of the states that do recognize grandparent visitation rights.

Under NY state law, you have legal standing to petition the court for visitation if:

  • one or both parents die
  • you have a substantial existing relationship with their grandchildren, or
  • the child’s parents have interfered with their efforts to establish or maintain a relationship.

Once you establish legal standing, the court will then consider whether or not to grant visitation based on the best interest of the child standard.

The factors the court will be looking at under this standard are:

  • the child’s age
  • the child’s wishes, if he or she is mature enough to express a preference
  • the distance between the child’s home and where your proposed visits will occur
  • the mental and physical health of everyone involved, including the child, and yours
  • your past and current relationship with the child and parent(s)
  • your nurturing skills and attitude towards the parent(s).

You may want to consider hiring an attorney to represent you in this process. Your attorney can draft all of the necessary motions on your behalf, and can appear alongside you in court and make all of the necessary legal arguments for you.

You can contact the New York State Bar for a referral to a family lawyer in your area.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 3 months ago
Thank you very much for your information It gives me hope that we may be able to have some visitation to the children

You're welcome, no problem! I am happy to hear that.

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,383
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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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.

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