My daughter has two children by the same man. They were never married. He has the girl and she has the boy. Her and I live in wv. He lives in Ohio. They have stated I am not allowed to see the children. I made them mad by filing for custody of the children
Parents who are their children's legal guardians have the right to determine who their children see and do not see, and grandparents have no special rights above that, although they have the right to petition that other third parties would not have. Whether you are seeking to become a guardian (thus taking away the parents' status as legal guardians and decision-makers) or for visitation, the standard is always what is in the best interest of the children. The decision will turn on why the parents have decided as they have, what issues there are between you and them or that you have on your own, and the degree of your prior relationship with these children. Simply being a grandparent by biology does not guarantee contact with the children. Now if they have issues that put the children at risk, yes, you should pursue guardianship, for if the issues are significant, eventually CPS will intervene.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
Attorney Callahan is correct. Unfortunately, "Grandparent Rights" is a bit of a misnomer. West Virginia has very little on the books as it relates specifically to the rights of Grandparents. Our firm often represents grandparents in custody/guardianship cases however with pretty good results in cases where the children's parents are unfit. I suggest that you speak with a family law attorney with experience in these types of cases. Good luck.
My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-client relationship.
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