Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My stepson had a child by his girlfriend at the time but was never told it was his child until 5 years later. During that time she got married and her husband at the time was the named father on the birth certificate. When they separated a DNA test was done and proven my stepson was the father and his name was added to the birth certificate. Her father does not like my stepson so he kept calling child services until they took the child and turned him over to the ex husband. What can we do as grandparents to see our grandson that was moved from NC to WV?”Probably very little; grandparents really have very few – if any – legal rights when it comes to time with the grandchildren. In addition, this sounds like a complicated situation – it is rare that a child would be removed from a biological parent, and given to a step (non-biological) parent, absent abuse or, at least, neglect. It is rarer still that a grandparent, let alone a non-biological grandparent, would be granted rights by the court.
Question: Your best bet is to support your step-son in any efforts he can make to gain access to his son, and to spend time with them both when your step-son has time with his son.
Answer:
