I have had a falling out with my sons wife and she has cut me right out of his life and that of my grandchildren. I saw my grandson on his 1st birthday and have never met my granddaughter. Do I have any rights at all as far as visiting them? I miss the close relationship that I had with my son....or thought I had for so many years.
2007-01-26 00:54:49 · 19 answers · asked by Nan L 1 in Family & Relationships ➔ Family
My state has a grandparents' visitation law. It's been examined and upheld by our Supreme Court about 5 times. Of course, I don't know if your state has a specific law, but you could go to Court to force visitation anyway. The standard applied is "what is in the best interest of the child(ren)?" If you filed an action, your son and dauther-in-law would have the burden of proving it is harmful for you to see the children. Courts gen'ly believe a child should know his/her extended family. If you have not done anything to harm the children, you'd have a very good case. See a family law/domestic relations atty to check your state's law. Your state bar office can give you a referral to an atty where you live.
2007-01-26 01:05:33 · answer #1 · answered by David M 7 · 1⤊ 0⤋
You have no rights unless a court gives them to you.
You need to check the laws of your state.
In this situation, it appears that your son is (more or less) in agreement with his wife’s decision. Parents have the right to determine who their child is and isn’t allowed to see. And a parent’s rights trump a grandparent’s rights UNLESS you can prove to the court that by denying you visitation it’s harming the CHILD in some way (not just that it’s hurting you). Usually that’s done (in part) by showing that you had a prior, close relationship with the child. One of these children you’ve never even met (that wasn't your choice, I realize, but still...).
The situation would be much different if the person denying you visitation were not your biological child (for example, if they were never married, they were divorced, your child was deceased).
Can you petition for grandparent’s visitation? Maybe. Probably. But be aware that it can get costly and there’s a very good chance you will not be successful.
Talk to a local attorney. And actually I would suggest that you talk to several attorneys.
But you would be much better off doing whatever you can to resolve this issue with your son.
2007-01-26 02:07:14 · answer #2 · answered by kp 7 · 0⤊ 0⤋
In most states Yes, you can petition to see your grandchildren. I
would check with family court and see what information they can give you on how to get the ball rolling. Most judges would not
allow visitation rights to be denied to A Grandparent unless there is reason the children are in harms way. However, you could avoid the red tape if you make up with your daughter in law.
Even though you might think you are right, no one is winning not you nore your grandchildren, Best of luck to you,
2007-01-26 01:40:07 · answer #3 · answered by Kat G 6 · 0⤊ 0⤋
Absolutely do you have rights , but it varies from state to state . What bothers me is the fact that your once close relationship with your son seems to be amiss. Something happened you're not telling us . However, even if you can force them to let you see the grandkids, do you really want to do that? I can just see how the mother might influence her children against you. They will not be loving towards you . It will hurt you more than what you feel now with nothing happening .
P.S. And don't heap on the goodies at holiday and B'day time showering them with gifts . Trying to change their minds .They won't appreciate it . You cannot buy peoples love . I've been there !
2007-01-26 01:30:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In the state of Michigan you grandparent rights. You can go to the court and ask for visitation time with your grandchildren.
2007-01-26 02:51:32 · answer #5 · answered by Mom0f6 2 · 0⤊ 0⤋
The very last I heard, notwithstanding some states nonetheless listen petitions for visitation less than grandparent rights, the ideally suited court docket had stated that there become no such correct. the mothers and fathers have the criminal rights to visitation/custody. for sure, if there is abuse, and so on the courts can step in and say otherwise.
2016-12-03 01:54:42 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Under the eyes of the law, the grandparents have absolutely no rights concerning their grandchildren. Sorry.
2007-01-26 02:07:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sorry for your pain, but NO you have NO rights where the laws are concerned. Their not YOUR children.
It doesn't seem right that if your son and daughter in-law were killed, you'd probably be the first in line to take responsibility for the children then, but I'm sorry.....you have no rights as a grandparent.
2007-01-26 01:00:55 · answer #8 · answered by peggin_beast 6 · 0⤊ 0⤋
Yes! You can take them to court and get regular visitations with your grandchildren. My dad did it to me; now he gets my kids the 1st 3rd and 5th weekends of the month! Unfortunately!
2007-01-26 01:36:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Legally I don't think you do. However there is an association called The GrandParents Association (www.grandparents-association.org.uk) which offers a mediation service and also other help and advice. Worth a try.
2007-01-26 01:02:06 · answer #10 · answered by Anonymous · 0⤊ 0⤋