QUESTION
Can we legally keep grandparent visitation during their separation? How?
Asked on May 19th, 2015 on Child Custody - Kansas
More details to this question:
My son and daughter in law are separated but have not filed for divorce yet. My daughter in law is not letting my husband and me see the children. Until the separation we kept the children for her 2-5 times a week. We have stayed neutral and have not had problems with her until now. Can she keep the children from us?
8 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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She's their mother and the law is on her side. Your remedy is to work out an agreement or fight to get a judge find that the best interests of the children require your visitation.
Answered on May 20th, 2015 at 4:57 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes, you have no legal rights to the children. See them when they are with your son. If she doesn't let him see the kids, then I suggest he file the divorce sooner rather than later.
Answered on May 19th, 2015 at 5:53 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Although the law in Wisconsin permits grandparents to seek visitation through the courts, in my experience judges are very reluctant to impose grandparent visitation on and unwilling parent of a grandchild. You could seek a really good family warrior and try, but me be your best bet is to sit down with your daughter in law, respectfully, and try to see what she is worried about.
Answered on May 19th, 2015 at 5:01 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes. Grandparents do not have visitation rights in Maryland.
Answered on May 19th, 2015 at 4:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your rights are a subset of your sons rights, that is you would be able to see the children during his parenting time. I would suggest strongly that you assist him in getting an attorney and enforcing reasonable parenting time. In addition you would be wise to keep neutral because at least in Michigan there are very few actual enforceable grandparents rights.
Answered on May 19th, 2015 at 4:30 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Unfortunately, in Florida, grandparents do not have any individual rights to visitation with grandchildren. The only rights that grandparents have are the ones that are given to them by the parents. If they do not want you to see the grandchildren, there really isn't anything you can do. Sorry.
Answered on May 19th, 2015 at 3:51 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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During her custodial hours, yes, she can choose who the children spend time with. During your son's custodial hours, no, unless there has been a specific order that he is not to have the children around you.
Answered on May 19th, 2015 at 3:50 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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Grandparent visitation is allowed, but not required, under Kansas law. Grandparents must prove they have a close, ongoing relationship with the child(ren), and the court must determine that grandparent visitation is in the best interest of the child(ren). Consult an experienced family law attorney in your area. We are here to help.
Answered on May 19th, 2015 at 3:37 PM