What are our Visitation Rights as Grandparents?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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.



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Author: House Attorney

A house attorney has answered this question.