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    jsikes's Avatar
    jsikes Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 17, 2010, 11:32 PM
    Visitation rights
    I live in Texas,my son's ex girlfriend just gave birth to his child.Her mother,whom she lives with,is not allowing my son or anyone
    On his side of the family visit the child.Neither my son,me or his mother has a criminal record,my son does not use drugs,has
    Never even had a traffic ticket.The mothers only reason for refusing visitation is because he got her daughter pregnant,which
    Apparently the daughter had nothing to do with it,(one of those "my daughter does no wrong"mothers).They are both 20,but
    Because she lives with her mother and can not support herself she will not go against her mother.My question is can the
    Mother legally stop us from visitation,and what should we do at this point.I know getting a lawyer would be the obvius
    Answer,but finances are limited.Thanks in advance for any response.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    Oct 18, 2010, 01:45 AM

    He can start by filing for visitation and child support in court. Also at that time he can request a DNA test. And he should before taking complete responsibility.
    jonnyboiy's Avatar
    jonnyboiy Posts: 2, Reputation: 0
    New Member
     
    #3

    Nov 3, 2010, 03:13 PM
    Go to a local family law court in your area and ask for a petition for "gran parents" rights and go from there they will tell you what you need to do. The girl and her mother can not keep him or you from the child.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    Nov 5, 2010, 04:06 PM
    Quote Originally Posted by jonnyboiy View Post
    Go to a local family law court in your area and ask for a petition for "gran parents" rights and go from there they will tell you what you need to do. The girl and her mother can not keep him or you from the child.
    Not all states have Grandparents rights. Also the ones that do it is very specific. So your statement is false until we know where the OP is. Even then there is no way you can predict what the courts are going to say about this matter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Nov 5, 2010, 04:24 PM
    Quote Originally Posted by jonnyboiy View Post
    Go to a local family law court in your area and ask for a petition for "gran parents" rights
    Since you are new here, you may not be aware that we apply a higher standard of accuracy to answers in the legal forums. Answers need to comply with existing statutes. Most states that have grandparents laws are like Texas where grandparents have standing ONLY if their child no longer has parental rights. That is not the case here. Therefore the OP has no legal standing at this time.

    However, the son does. The mother's parents cannot keep the father from having visitation with his child unless they can prove he is a danger to the child. So the son should file a petition with the local Family court for Joint legal custody and visitation. The mother will probably file for child support.

    If the son needs legal help in doing the filing, he can try a father's support group or a local law school that may run a clinic.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Nov 5, 2010, 05:05 PM

    First mistake is that there is no legal orders. Did he get his name on the birth certificate ?
    Either way he will need to file for court ordered visits, until he does this, they can refuse. Keep a record of his attempts.
    Next he needs to be doing this, not you.

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