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    littletexasmema's Avatar
    littletexasmema Posts: 2, Reputation: 1
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    #1

    Feb 14, 2011, 11:27 AM
    What do I need to do to file court papers to get visition to my grandson?
    We live in Dallas, Tx. The grandson is 19 months old and his mother took him to live in Oklahoma. My son wants his son to have his last name.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Feb 14, 2011, 11:34 AM

    Your son can file for visitation rights and should... but as far as I know... grandparents can't file for the same thing. Parental rights are one thing... grandparental rights are another. ( I believe there is no implied right to them at all).
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 14, 2011, 02:02 PM
    Quote Originally Posted by smoothy View Post
    ...but as far as I know...grandparents can't file for the same thing. Parental rights are one thing.....grandparental rights are another. ( I beleive there is no implied right to them at all).
    There are statutes in many (some?) states saying that they can. More information is found here.

    Any state statue giving grand-parents a right to petition for visitation must be scrutinized in light of Troxel v. Granville.
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    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Feb 14, 2011, 02:05 PM
    Quote Originally Posted by AK lawyer View Post
    There are statutes in many (some?) states saying that they can.
    Ok... thats good to know. Wasn't aware some states allowed it... (which I think is a good idea), more should.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Feb 14, 2011, 02:28 PM
    Quote Originally Posted by smoothy View Post
    Ok...thats good to know. Wasn't aware some states allowed it....(which I think is a good idea), more should.
    Yes. My wife and I have such an issue regarding a couple of our grandchildren. There is such a statute here, but I hadn't been able to put my figure on why several attorneys and at least one judge have been talking like it doesn't exist. Just read Troxel. That might be the reason.
    littletexasmema's Avatar
    littletexasmema Posts: 2, Reputation: 1
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    #6

    Feb 15, 2011, 10:53 AM
    THank you for letting me know. My son is filing asap.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Feb 15, 2011, 11:53 AM
    Quote Originally Posted by littletexasmema View Post
    ... My son is filing asap.
    You didn't say how long it's been since she moved to Oklahoma. If he wants to file in Texas, he needs to file within 6 months of the time she moved.
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