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grandparent rights

Anonymous
Posted by Anonymous
  • 15 Replies
I'm in Columbus Ohio and I need help.

I'll try to not confuse you. There's two girls, 6 and 3 years old, siblings. Grandma has custody of the 3 year old. The father has the 6 year old (they have different fathers, mom has no custody of either child).... Grandma wants to have the siblings see each other, but the dad of the 6 year old refuses. The 3 year old says that she feels like she doesn't have a sister because she hadn't seen her sister since December.

What can grandma do, to get some type of visitation between the two sisters? Would/could she file for visitation, like a NCP since she has custody of the sibling?
Posted by Anonymous on Jun. 17, 2013 at 1:37 AM
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Replies (1-10):
acrogodess
by Emerald Member on Jun. 17, 2013 at 1:39 AM
Yes, in this case since she has primary custody of the younger sibling and they are both her biological grandchildren, she can go in for a visitation order.
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vgmomof2grtkds
by on Jun. 17, 2013 at 1:39 AM

She should contact an attorney.

momo3fgr8tteens
by on Jun. 17, 2013 at 1:40 AM

I think that is what she would do. File for a visitation schedule through the courts. Not all states have grandparent rights though. She should be able to get visitation for the siblings though. 

sheramom4
by Emerald Member on Jun. 17, 2013 at 1:40 AM

Most states have some policies regarding siblings. If the Grandmother is a kinship foster placement then the girls are guaranteed visits under the Adopt and Safe Families Act. If not and it is just a family court action then the Grandmother can go back to family court and ask to have sibling visits written into a court order, but she would not necessarily be the one to supervise those visits, the father may be as well or some outside party. And no she can't file for visitation as an NCP, the visits would be for the sisters only and not involve her as a party to the action. No guarantee that they would allow the court order though in family court. 

ETA: I am editing because Grandma is the biological Grandma of both siblings. If the state allow Grandparent rights then she can go for those. 

TranquilMind
by Ruby Member on Jun. 17, 2013 at 1:41 AM

I doubt she can do anything since the parent has custody.  Ohio is not one of those states that permits grandparents to assert rights, as does Indiana, if the grandparent has an established relationship with the child. 

She needs to ask a family law attorney in her jurisdiction. 

jamamama00
by on Jun. 17, 2013 at 1:43 AM
Has she tried just being nice to the father and going that route? Would she consider letting the child visit on his terms...like at his house?
Anonymous
by Anonymous 1 - Original Poster on Jun. 17, 2013 at 1:43 AM
Sadly, she doesn't have much money... Unless legal aid would help in this case? She gets $800 in social security, I think, but that goes mainly for rent, food and whatever the 3 year old needs

Quoting vgmomof2grtkds:

She should contact an attorney.

villagemamma
by on Jun. 17, 2013 at 1:43 AM


This

If shes the bio grandma she can file a visitation order

Quoting acrogodess:

Yes, in this case since she has primary custody of the younger sibling and they are both her biological grandchildren, she can go in for a visitation order.



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acrogodess
by Emerald Member on Jun. 17, 2013 at 1:46 AM
The court will side in favor of what is best for the CHILDREN, the 6 yr olds dad won't have a good enough reason for the judge to deny the sisters from having a relationship.

Quoting villagemamma:


This

If shes the bio grandma she can file a visitation order


Quoting acrogodess:

Yes, in this case since she has primary custody of the younger sibling and they are both her biological grandchildren, she can go in for a visitation order.




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Anonymous
by Anonymous 1 - Original Poster on Jun. 17, 2013 at 1:46 AM
She's tried being nice but since she doesn't have money to give him, they stopped bringing her around. Her ex husband (so the kids grandfather), got the 6 year old more often but that's because he basically paid to see her. When he closed the wallet, they stopped letting him see her too. Won't answer the door, the phone, nothing at all.

Quoting jamamama00:

Has she tried just being nice to the father and going that route? Would she consider letting the child visit on his terms...like at his house?
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