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Does a grandparent have visitation rights?

I have a granddaughter that is 2 and her mother refuses to allow our family (the father's side of the family), to see her. We aren't even allowed to talk to her by phone. Her mother has a new relationship again, (6 in the last 5 months) and is planning to marry in July.
Her "fiance" and her threatened to put restraining orders on our family if we continue to try to contact the mom regarding our granddaughter. The baby's father is trying to get a parenting plan established however she refuses to go to have the swab test done. How do we get to see the baby?

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Attorney answers (3)

Reputation Level 20
The swab test is for DNA to confirm paternity? If so the son should file a motion to have that done, and if he is the father, he can motion for visitation rights. In his motion he can also request your rights for visiting. If both parents deny access, it is very hard for the grandparents to get it. But if one parent does the motioning it should be granted. Your family should be reading up on parental alienation syndrome. Also, the lifestyle of the mother does not appear to be in the best interest of the child, and your son should consider (if he is the true father) petitioning for residential custody.

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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
1 person marked this answer as good

Reputation Level 15
Grandparents don't get to pursue visitation. Have your son file a motion for genetic tests so the court will order the mom to comply (she'll go to jail if she doesn't). Below is a link to the correct forms. Also, have your son sign up for a parenting class if this is his first child. That way, the court will see he's serious about having a relationship with his child and not just acting as a front for you.

Reputation Level 13
Grandparents do not have visitation rights in the State of Washington. The U.S. Supreme Court struck down our 3rd party visitation statute in a case called Troxille v. Granville a few years ago.

therefore, the only way you will get to see your grandchild is when she is with her father. the father needs to file a paternity action. if the mother refuses to submit to DNA testing, you need to get a court order requiring the testing.

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