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.

Asked 11 months ago - 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)

  1. Matthew Thomas Majeski

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  2. Christian Ryan Peterson

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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.

  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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