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As a Grandparent, what rights do I have? I have not seen my 5 1/2 month grandbaby since April. My son is the dad & not w/GF.

Minneapolis, MN |

My son instantly obtained a atty. when they broke up, trying mediation, my opinion will not work, he is voluntarily sending $ to the county for CS. he works & school FT & & in the Army Resv. she does nothing,demanding supervised visits on HER terms at her house w/her parents observing. he is NOT allowed to leave with her. my opinion is she is mentally unstable & has been hospitalized as a minor for depression & suicide. she honestly reminds me of some1 who would hurt her child for attention. mediation is being pushed out til oct, she cant be forced to go, if my son files a motion thru the courts it will be approx. $1000. and can take up to 2 months?? VERY FRUSTRATING. I am learning MN is NOT a state for Men.

Attorney Answers 3

Posted

As a general rule the burden in on the GP to PROVE that non-isitation is harmful to the mental, physical, and or emotional health of the child. The broad brush swipes you have taken in your post vis a vis the mother do not PROVE any of the three.

Recommend you see a MN family law attorney ASAP to determine if you have any grounds to take action.

I wish you the best of luck.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

Grandparents do not have custody rights except what biological parents give them unless they become caretakers of the children for a period of time. So your son needs to finish his custody case before you will likely be allowed to see the child.

With children that young, it is not uncommon for fathers to have supervised visits at first. Usually these expand in a sort of graduated custody plan. That's likely what a judge would order as well if he went through the courts.

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Posted

He needs to step up and file for custody and parenting time rights. If you both are on good terms you can most easily get your visitation during his times.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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