My son and his wife separated in Oct. 2011. She moved with their 2 year old son to Virginia from Ohio. The divorce was final in Jan. 2012, and one week later my son was murdered. His ex allowed my grandson to visit us in Ohio for 2 weeks in February. She also agreed that he could visit us for 4 weeks in June. Since May she has been back-pedalling on that, and now says that we must visit him in Virginia. Is there any chance that we can get visitation through the court?
Family Law Attorney
I am sorry for your loss. Courts may grant grandparent visitation if they deem that visitation is in the child's best interest. To dirscuss your rights as grandparents and to discuss possible jurisdicitional issues, I recommend consulting with a local family law attorney. Many attorneys offer free consultations. Best of luck!
Beth A. Blackmore
Blackmore Law Office, LLC
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It's conceivable, though not likely, that you could get a court to order the particular visitation you desire. However, I urge you to think better of the idea of suing your grandson's mother. Such a course of action is almost guaranteed to permanently alienate the mother, and could very well threaten the family's financial security -- very much to your grandson's detriment. The emotional cost of such litigation is also enormous. Your grandson would probably feel caught in the middle, and might feel responsible for his mother's distraction and distress. If you can afford to travel to Virginia, that accomodation to the mother's wishes would be a far wiser course.
NOTE: The only state in which I am actively licensed to practice law is Indiana. Even where questions arise in Indiana, no answer I provide on this blog should be taken as legal advice or as establishing an attorney-client relationship.
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