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Michael Winter’s Answers

2 total

  • Grandparent rights

    I have two grandchildren, the parents are divorced the dad who is my biological son is not able to see the child only at the daycare, which she has currently removed the child from. I would stop on several occasions and the children are not at th...

    Michael’s Answer

    I would need to see the court order regarding your son's rights but presuming that you are not given any rights in the order you would have to request grandparent visitation rights by bringing a motion in that case and serving mother and father with that motion.

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  • Will a judge grant shared placement 50/50 if my daughter's father has been MIA for 5 years.How much say does my daughter have.

    My daughter's father has had NO contact with her for 5 years. Now he had me served with papers filing for shared placement and claiming her on tax return every other year. This all started after he was served papers for contempt of court for child...

    Michael’s Answer

    It is very unlikely. We need to know what the father says are the reasons for being mia for 5 years. Your daughters opinion may be asked and considered if a guardian ad litem( lawyer for your daughter) is appointed after court ordered mediation fails. If there is a dispute concerning placement mediation will be ordered first.

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