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Grandmother visitation rights

Asked Nov 2, 2008, 06:44 AM — 13 Answers
The mother of my grandchildren will not let me see my grandchildren on a regular basis.
I feel that I have to take action in court to be able to see them. What are my legal rights?

13 Answers
homebirthmom's Avatar
homebirthmom Posts: 160, Reputation: 78
Junior Member
 
#2

Nov 2, 2008, 07:01 AM
First off it depends on which state you are in.
I'm having the same difficulty with my nieces....but in washington state there is not "Grandparents rights". Some states have that, others don't, and still some that don't have it, you can still file for visitation, though unless there's an open case already, it will probably cost somewhere around $250, which is what it is in WA.
I'd go to your local law library, call a lawyer, or at least talk to the court facilitator at your local courthouse.
I hope it works out for you and your grandchildren. Good luck.
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cdad's Avatar
cdad Posts: 10,959, Reputation: 6540
Internet Research Expert
 
#3

Nov 2, 2008, 07:24 AM
Here are some links that might help clear things up.

Grandparent Visitation

Visitation

Again it mostly depends on the state the child is in that has jurisdiction over visitation. So if its different from the one you live in that's the one your going to have to go through.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#4

Nov 2, 2008, 07:34 AM


As noted it will depend on what state you live in ( if you are in the US). Some states have grandparents rights ( in a divorce situation or where the partners are not living together)

But where is your SON< why is he not getting his visits and allow you to see the child when he gets the child ?
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joanbotc's Avatar
joanbotc Posts: 3, Reputation: 1
New Member
 
#5

Nov 2, 2008, 07:39 AM
My son is in Jail. The mother of my grandchildren is presently with another man and is pregnant with his baby. I had no problem seeing my grandchildren before when she was alone. She chose to leave my son. My son loves his children. When he get back home he is taking her to court.
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joanbotc's Avatar
joanbotc Posts: 3, Reputation: 1
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#6

Nov 2, 2008, 07:43 AM
I live in southwest fl. I do have grandmother rights.
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cadillac59's Avatar
cadillac59 Posts: 1,326, Reputation: 509
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#7

Nov 2, 2008, 08:52 AM
Quote:
Originally Posted by homebirthmom View Post
First off it depends on which state you are in.
I'm having the same difficulty with my nieces....but in washington state there is not "Grandparents rights". Some states have that, others don't, and still some that don't have it, you can still file for visitation, though unless there's an open case already, it will probably cost somewhere around $250, which is what it is in WA.
I'd go to your local law library, call a lawyer, or at least talk to the court facilitator at your local courthouse.
I hope it works out for you and your grandchildren. Good luck.
Oh my gosh, this is not true. WA is the home of the famous Troxel case which arose out of beautiful Skagit County where a trial judge in Mount Vernon gave grandparents visitation rights under a broad WA statute that allowed anyone visitation rights with anybody else's kids as long as the petitioner could show it was in the child's best interests- the case ended up in the US Supreme Court which limited how far a state can go in authorizing visitation rights for non-parents. But, WA still allows grandparents access time under certain circumstances.
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homebirthmom's Avatar
homebirthmom Posts: 160, Reputation: 78
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#8

Nov 2, 2008, 08:59 AM
I did not say that the grandparents can't file for visitation...that's not what I said at all. All I said is WA state does not have "Grandparent Rights", which in other states gives grandparents very close to the same rights as the biological parents....ie custody, as well as visitation.
WA state has "family rights" which as you said in the best interest of the children will allow visitations per the judge.
Not only do I live in WA state but I do live in Skagit County, and have been dealing with this for some time now. I'm not stating something I have no experience with.
I hope this clarifies my previous post.
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cadillac59's Avatar
cadillac59 Posts: 1,326, Reputation: 509
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#9

Nov 2, 2008, 09:05 AM
How far a state can go in granting grandma and grandpa visitation rights is limited by a US Supreme Court decision which goes back I think about 8 years. It's a kind of complicated standard and not the easiest to apply (or even understand) but I like to think of it like this: start with the classic "intact" family- married or not- mom, dad and the kid happily living together as the perfect family and pushy grandma wants to see the kids but both parents don't want her around. At least in California that's a no- go. No visitation rights over the objection of both parents. If one says it's okay then the rule says that's a maybe. The court can allow some access for grandma. If the parties, however, split up and are going through a disso or are battling over custody themselves, the the door also is open. If one of the parents is dead, then again the door is open even if the other parent has remarried and new hubby or wife wants to keep grandma away. Usually it's an uphill battle to get grandparent visitation, it's expensive, and when you are successful, grandma gets only a little bit of time- like 2 hours one Saturday a month. Often this isn't worth it.

Now, if grandma wants custody because mom is a junkie and living on welfare and dad is in jail or something, that's a whole different kind of case- that's a guardianship and very common and an entirely different analysis.
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cadillac59's Avatar
cadillac59 Posts: 1,326, Reputation: 509
Ultra Member
 
#10

Nov 2, 2008, 09:13 AM
Quote:
Originally Posted by homebirthmom View Post
I did not say that the grandparents can't file for visitation...that's not what I said at all. All I said is WA state does not have "Grandparent Rights", which in other states gives grandparents very close to the same rights as the biological parents....ie custody, as well as visitation.
WA state has "family rights" which as you said in the best interest of the children will allow visitations per the judge.
Not only do I live in WA state but I do live in Skagit County, and have been dealing with this for some time now. I'm not stating something I have no experience with.
I hope this clarifies my previous post.
Then you should know about Troxel because it invalidated the WA law on the books at the time. Troxel says no state can give non-parents the same or "very close" to the same rights of parents- certainly not custody rights. That's essentially what the case stands for. And as a US Supreme Court case it is binding on all states and every court in the country.

I think WA re-wrote its law on the subject after Troxel so it has narrowed the conditions under which grandparents can have access time with the kids. But, no non-parents can never have the same rights as parents (parenting rights have constitutional protection but you have to be a parent for them to apply) anywhere in the country, not unless there is a finding of parental unfitness, that sort of thing.
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