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My son's wife is demanding an informal separation from my…

My son's wife is...

My son's wife is demanding an informal separation from my son. I want a knowledgeable lawyer to represent me in a court order Right to Visitation for my grandson.

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

None. I just was told today of the situation by my son's next door business owner, here in Eureka, KS, 67045

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

No

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

That Tammy (daughter in law) wants to move their family away from Eureka, but Marcus (son) is trying to get his new small business as a Personal Fitness Studio running. It's less than 2 years having started after he retired 20+ years in the US Army (Honorably Discharge from Fort Riley, KS and she knew he had been diagnosed with PTSD) where he first connected with her on an Internet dating service. At that time 2012, she had a 3 1/2 to 4 year old son (by a common law prior relationship). She spent much of 2014-2016 taking Victor Lacodet that "baby-daddy" of her older son, Adrian Lacodet back and forth to Court for Child Support. Both boys (Adrian, 9 yrs, & Jaylen 4 yrs old*) and the younger is my son's biological child, live with Tammy & Marcus. Marcus married Tammie when Jaylen was maybe 1 years old. Lastly, she confronted me at my home here in Eureka, in 2014, saying, she never intended to marry Marcus. They were only doing it for me since I relocated here in 2013 from Winston-Salem, NC, with the specific invite from Marcus to come out here and be "Grandma." Tammie further stated at that sitting, that if the relation did not work out between her and Marcus, she made enough money to support herself and her 2 sons. It was in December, 2013, and she carried the pregnancy until Jaylen was born January 9, 2014.

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Answered in 5 minutes by:
4/25/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,404
Experience: Licensed to practice before state and federal court
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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
Please take your time, and thank you.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 3 months ago
At 70 years old, I am on SSA and work two part-time jobs. My next pay day isn't until Monday, 4/30/18, from the Greenwood County Historical Society. I don't have the funds to pay for the $59 phone call at this time.

Ok, thank you for providing that. So, the main question you have is how you can get access to see your grandchild, corect? Does Marcus have a custody order in place with the mom?

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Customer reply replied 3 months ago
but with legal back up via court order because the daughter in law is hostile.

Ok, so there may be two separate issues going on.

First, if she is not complying with the order, then she is going to be in contempt of court. This is only something that Marcus could handle because he has rights to the child.

Contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

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For you to get visitation rights, you'd have to do something else since you don't have automatic rights.

It'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.

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Customer reply replied 3 months ago
How do I as the biological grandparent, get a court ordered document for my visiting Jaylen from this point forward while Marcus and Tammy go through a voluntary NON-court ordered Separation.

I see what you mean. Did you get my response above at all?

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Customer reply replied 3 months ago
I got, copied and pasted your response. It's enough to point me in the right direction. Can you recommend a reliable local Attorney from Greenwood County, KS, or in El Dorado, or in Wichita, KS, that I can do a face to face with to start the process you've recommended?

Awesome!

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Check out the website for your state’s LRS: Kansas LRS - click here

Did you have any other questions for me today?

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Customer reply replied 3 months ago
that's it, thanks. I'm in the office--got momentarily interrupted. Good-bye.

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