Grandparents Rights of Visitation


#1

Dear Worried Grandmother:

Greetings. While the matter is still pending, you may be able to file a Motion to Intervene. Generally though, you would visit with your grandchild when your child visits.

The situation of your child and his ex-wife (and her behavior) are not the problems with you gaining visitation rights. The problem is that you are a third party to the parenting relationship and therefore only afforded minimal rights, if any. You should have filed a Motion to Intervene when the custody action was first filed, but you may be able to file now also. Best of luck…and I think that no matter what you will need an attorney if you plan to intervene. Thanks

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Did you ever file a motion to intervene? What kind of form did you use. I want to file one tomorrow before my son’s case gets heard on Wednesday. Please reply asap.


#3

Dear marla_d:

Greetings. Yes, we file motions to intervene. There is no form, but we have to create a motion to intervene from scratch each time. It may be too late for you to intervene if the hearing is on Wednesday. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Can a grandparent seek visitation when the parents are still together?


#5

I need some advice…My inlaws live 3 houses down from me and my husband and they come see the kids whenever they like…i’ve never refused them visitation, except when they were drinking.,but recently my mother in law says shes going to talk to a lawyer about getting rights to my children…she thinks that she should be able to come get my kids and go anywhere she wants without asking… i disagree there my kids and i should be able to raise them how i see fit…both grandparents on my husbands side drink, take pills, and one smokes which are things I dont allow around my children… so therefore I dont trust them with my children alone,they’ve came around my kids several times drunk and high and i’ve asked them to leave… Is there a restraining order or some type of protection i can get that states they cant come around my kids while drinking, or high, and if so how do i go about getting this? any help will be appreciated… thanks


#6

Dear concerned~mother:

Do you mean that you are living together with your husband (or the father of the children) and grandma is filing for custody? No, she should not be able to do this. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#7

How do I go about filing for visitation with my Grandson? What form(s) would I file and would the case be heard where the original custody/visitation issues were decided? Would the same case number be used? I cannot afford an attorney and until recently did not have any problems visiting my Grandson, but since my son has filed several motions for contempt my Grandson?s mother has refused to return my calls or allow me or my husband to visit. Prior to this my husband and I had our Grandson on a regular bases (at least 2-3 times per month and on several trips per year of about a week) and his mother frequently used us as standby babysitters. (It should be noted, our Grandson?s mother told us that she would stop all visits outside the parenting agreement until we got our son under control and stopped him from filing contempt charges.) The contempt charges have been because she has violated nearly every section of the parenting agreement. We are worried about our Grandson?s welfare as his mother is an alcoholic and although she is going to AA and counseling she has not completely stopped drinking. I know the courts use ?the best interest of the child? and under these terms I do not feel we would have any problem gaining visitation rights, especially since I have notes and recordings of the mother telling my husband and I how wonderful we are as Grandparents. The visits allow us to maintain contact with both the mother and our Grandson and give her an escape if she feels she has to go out and drink.