Don asks…

Grandparents deperately need help about Grandparents Visitation Rights!?!?

My wife and I want to visit our granddaughter, Alexxa, who is living with her mother and her maternal grandparents in the same county as ours in the state of MIchigan. Our son, who is incarcerated in another county, has been proven to be the father by a paternity test, how can I get free legal advice about our visitation rights? What are our rights to visitation at the moment?

Baby Talk answers:

Some states do have laws that will allow grandparents to see their grandchildren. My aunt had to do this to see her grandkids. She gets them one weekend every 3 months. Not a lot but its something.

David asks…

Visitation rights to grandparents when grandchild lives in another state?

My nephew and his mother live in NC. My brother currently doesn’t get to see his child because he owes back child support & the mother won’t let him. My parents live in NY and were wondering if and how they could get visitation rights to their grandchild. They basically only see him twice a year and that’s when the mother is getting along with my brother. How could they go about getting visitations a couple of times a year if they live in different states? Any information would be helpful. Thanks!

Baby Talk answers:

The U. S. Supreme court visited this problem in case of Troxel vs Granville.530 U.S. 57 (2000). The court said that grandparents don’t have an absolute right to visit their grandchildren. The states have the right to set their own standards for when a grandparent may visit a grandchild.

I suggest your parents consult an attorney who is familiar with NY and North Carolina law. The laws in most states give more weight to the wishes of the parents rather than the grandparents.

Paul asks…

can grandparents seek visitation if the parents are married?

I recently moved from one state to another with my family. My husband’s parents (the grandparents of my children) are very upset about the move. They have threatened to seek grandparent visitation rights. Can they do that if both parents are married? I thought they could only get visitation if the parents were divorced or one was deceased.

Baby Talk answers:

It depends on the state you are living in.Check with your local legal aid office. Good luck!

Charlie asks…

Grandparents visitation rights in Texas?

I am currently 24 years old and 8 months pregnant.

The father of my child wants nothing to do with him. We now live 4 hours away from each other. He gave me the excuse that since he lives with roommates, he wouldn’t be able to keep the child during visitations. He cheated on me, and now has a new “official” girlfriend every few weeks.

When I found out that I would be pregnant and single, I quit my job and moved 250 miles to my parents house so I would have a support system. They have helped me pay for EVERYTHING. I have received no money or support from the father (I know he’s not obligated to during the prenatal period), and he refused to come meet my parents.

I want him to terminate his parental rights, and I do not want him to have to pay child support. The reason for this is because I KNOW that he would never pay, and I don’t want to spend my already busy life chasing a check that will never come. As for him going to jail for non-payment. . .that’s only in theory, since I’ve seen other single mothers struggle without any ramifications for the absentee father. I would rather just let everything go. He is not going to be there to sign the birth certificate, will not be there for the birth, and has since moved to a city that I am unaware of. When I applied for Medicaid, he gave me a false social security number when the application asked for the father’s information. He has no Texas ID, has a warrant for his arrest in Houston, and left Los Angeles because he didn’t want to pay for a DUI and consequently lost his California license. I didn’t find out about ANY of these issues until I was pregnant. He’s basically unsearchable.

My true concern is this: I have not received one phone call from the paternal grandparents who live in Houston. Nothing. Not a “How are you,” “Can we help,” “Go to Hell”. . . nothing.

I’m scared that once the “dirty work” of having this baby is over, they are going to call and want to visit after a year or so. What rights would a paternal grandparent in Texas have under circumstances like these? They live 3 hours from my current location. I have only shaken the hand of the grandmother once (unrelated to the pregnancy), and I have never met the grandfather, and I don’t even know his name. Do they have a right to visitation?
Thank you for your answers so far. . . The parents actually DO know about the child, which is why I’m so scared!!!
I’ve heard so many horror stories aboutGrandparents Rights.” It’s confusing to know which ones would apply to me!

Baby Talk answers:

No they do not and cannot get visitation rights any longer. I asked my lawyer. The law was changed about 2-3 years ago. I can only see my granddaughter (according to my ex-daughter-in-law) through my son who pays child support and shares joint custody. Because of my son’s new girlfriend, I guess, I am at my son’s mercy and haven’t heard from him since November. My cousin has had visitation rights since his grandson was involved in a divorce when he was 3. He gets him every other weekend and he’s the same age as my granddaughter 10. Too bad for us.

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