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Grandparent Visitation Rights

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csinclair@

Junior Member
What is the name of your state (only U.S. law)? Alabama
I need to file an injunction for my rights as a Grandparent. The custodial father will not (with no reason) let me see my Grandbabies. My daughter is in a custody battle for them but since he denies me rights, what can I do?
I also have had them every Sunday for the past two years but recently, he decided it was over.
I miss my Grandbabies.
What can I do?
 


Alabama courts struck down portions of the grandparent visitation statute as unconstitutional. The Alabama Legislature in 2003 amended the statute to comport with constitutional requirements. Under the revised statute, a court may grant visitation to a grandparent if visitation is in the child's best interest and one of five events has occurred: (1) one or both parents of the child are deceased; (2) the marriage of the parents of the child has been dissolved; (3) a parent of the child has abandoned the child; (4) the child was born out of wedlock; or (5) the child lives with both biological parents, but one or both of the parents has prevented a grandparent from visiting the child. The state's custody statute requires courts to consider the moral character of the parents and the age and sex of the child to determine the best interests of the child.

Summaries of State Law: Grandparent Visitation and Custody - Divorce & Family Law Center

I don't know if having them every Sunday for the past two years constitutes status quo or if that is even applicable, stay tuned for Senior Members advice.
 

mommyof4

Senior Member
What is the name of your state (only U.S. law)? Alabama
I need to file an injunction for my rights as a Grandparent. The custodial father will not (with no reason) let me see my Grandbabies. My daughter is in a custody battle for them but since he denies me rights, what can I do?
I also have had them every Sunday for the past two years but recently, he decided it was over.
I miss my Grandbabies.
What can I do?
Why can you not see your grandchildren when they are with your daughter?
 

csinclair@

Junior Member
Thanks, I still need help...

My daughter is out of state and a non-cusodial parent with Certified visitation rights by the Alabama courts signed by a Judge. The father denies these rights to her (and myself but I am not involved legally). He is in contempt of court but his attorney says he won't spend a minute in jail, so he refuses the court order.
He denied leagal visitation on many occasions when she made several 800 mile trips to see her babies.
I live a couple of miles from the babies, but cannot see them anymore.
The girls love seeing their Papa, but who knows what he has told them.
I am a good father and Grandfather and would like my day in court to prove it.
 

Isis1

Senior Member
My daughter is out of state and a non-cusodial parent with Certified visitation rights by the Alabama courts signed by a Judge. The father denies these rights to her (and myself but I am not involved legally). He is in contempt of court but his attorney says he won't spend a minute in jail, so he refuses the court order.
He denied leagal visitation on many occasions when she made several 800 mile trips to see her babies.
I live a couple of miles from the babies, but cannot see them anymore.
The girls love seeing their Papa, but who knows what he has told them.
I am a good father and Grandfather and would like my day in court to prove it.
your daughter needs to be more assertive about her rights. it's up to her to care enough to see her own children.

you have no rights as a grandparent. you cannot transfer your daughters visitation to you.
 

TheGeekess

Keeper of the Kraken
My daughter is out of state and a non-cusodial parent with Certified visitation rights by the Alabama courts signed by a Judge. The father denies these rights to her (and myself but I am not involved legally). He is in contempt of court but his attorney says he won't spend a minute in jail, so he refuses the court order.
He denied leagal visitation on many occasions when she made several 800 mile trips to see her babies.
I live a couple of miles from the babies, but cannot see them anymore.
The girls love seeing their Papa, but who knows what he has told them.
I am a good father and Grandfather and would like my day in court to prove it.
Grandparents do not have inherent rights to their grandchildren. Mom needs to continue to pursue this in court.
 

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