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Author Topic: Grandparent visitation / custody rights  (Read 1452 times)
afl
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Posts: 3


« on: February 21, 2007, 06:38:16 PM »

Husband and wife have 2 kids in the house. 

The daughter is their biological child. The son is the wife's biological child by another man. The husband is therefore the son's step-dad.  Son's biological dad is a drug user who is nowhere to be found.

Wife had a fight with her parents (the grandparents of both kids). Wife (with backing of her step-dad husband) now refuses to let the grandparents (her own parents) see the kids.

1. Do the grandparents have any rights to visitation?

2. Could the grandparents file a case in court seeking custody (if facts show husband and wife are lousy parents)?

3. If such a case could be brought, would it be juvenile court or circuit court?
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Lee Borden
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Posts: 1202



« Reply #1 on: February 22, 2007, 08:30:36 AM »

1. Do the grandparents have any rights to visitation?
Courts approach this issue differently. In general, unless the child is a dependent (http://divorceinfo.com/blog/?p=216), most judges would be reluctant to substitute their judgment for Mom's about her own parents, but you may get lucky.

2. Could the grandparents file a case in court seeking custody (if facts show husband and wife are lousy parents)?
Yes. It would require a finding that the child is a dependent (and therefore in need of the court's protection).

3. If such a case could be brought, would it be juvenile court or circuit court?
Juvenile court.
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