New Grandparent

[rleonardo]

What is the name of your state (only U.S. law)? New Jersey

My son and his fiance had a baby in November. I have not spoken to my son in over 2 years due to an argument. I have contacted my son twice by phone to request to visit my grandaughter. After teh secon time he responded with a text "I need time to think about it" Do I have any rights to see my grandaughter. My son lives in PA and I reside in NJ.

 

[TinkerBelleLuvr]

You need to make nice with the parents to see the child. You have NO inherent rights to a grandchild.

 

[dannyt]

no

You need to make nice with the parents to see the child. You have NO inherent rights to a grandchild.

and that includes keeping your nose out of their business. they decide who has contact with THEIR child.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Jersey

My son and his fiance had a baby in November. I have not spoken to my son in over 2 years due to an argument. I have contacted my son twice by phone to request to visit my grandaughter. After teh secon time he responded with a text "I need time to think about it" Do I have any rights to see my grandaughter. My son lives in PA and I reside in NJ.

No, you do not. Grandparents have no inherent rights regarding their grandchildren. What grandparents have are statutory rights to sue to attempt to obtain grandparent visitation rights.

PA is one of the two most grandparent friendly states in the US, but even in those two states you couldn't possibly win a gpv suit if you have never even met the child.

GPV laws are designed to prevent separation between children and grandparents who have formed a bond, where it would harm the child for that bond to be severed.

If you want to be part of your son's life and your grandchild's life, I would suggest that you resolve your argument with your son, even if it means that you have to grovel. Clearly your son is a legal adult and I am hoping that you don't think that you can somehow force yourself on your grandchild in order to force your son into dealing with you...even subconciously.

 

[ecmst12]

I love how you contacted your son NOT because you are sorry about your argument and want to mend your relationship with him, but JUST because you want access to his child. I wonder why he might not be interested in that?

Trust me, the response you got from your son was a LOT nicer then the one I would have given you!

 

[ElvinMelvin]

After teh secon time he responded with a text "I need time to think about it"

Why not do as he asks and give him some time to think about it?

 

[mistoffolees]

Why not do as he asks and give him some time to think about it?

And, meanwhile, YOU should be thinking about apologizing for the misunderstanding that has separated you from your son.

Even if your son lets you see your grandchild, do you think that kind of strained relationship when you're around is any good for the child?

 

[LdiJ]

And, meanwhile, YOU should be thinking about apologizing for the misunderstanding that has separated you from your son.

Even if your son lets you see your grandchild, do you think that kind of strained relationship when you're around is any good for the child?

I can just about guarantee that what this grandparent means by seeing the child, is having the child without the parents being around.

 

[mistoffolees]

I can just about guarantee that what this grandparent means by seeing the child, is having the child without the parents being around.

Not likely to happen - unless grandparent takes the advice and apologizes.

 

[ecmst12]

And even then, if OP's son is smart, he will allow only very limited contact if any. OP hasn't spoken with him for 2 years - probably going to take more then a simple apology to fix this broken family.

 

[LdiJ]

And even then, if OP's son is smart, he will allow only very limited contact if any. OP hasn't spoken with him for 2 years - probably going to take more then a simple apology to fix this broken family.

Yep it will take a whole lot more...but that's why some grandparents assume that the law will somehow allow them to disrespect their children as adults but still give them "rights" to their grandchildren.

It doesn't work that way...not even in the most grandparent friendly states.

 

[rleonardo]

new grandparent

It is not as simple as an apology. My son drinks and becomes abusive and violent to his family. He has pushed around and had fist fights with members of the family. So I will not be around him until he gets help. Several family members have tried to suggest counseling but the person has to want to receive help before it will be productive. So yes, right now the concern is for an innocent child and not anyone else. I thought this forum would provide a yes, no or maybe answer so I could decide what the next step could be. I guess I got my answer and then some.

Thanks anyway.

 

[CourtClerk]

So I will not be around him until he gets help.

Then you won't be around your grandchild, either....

 

[mistoffolees]

It is not as simple as an apology. My son drinks and becomes abusive and violent to his family. He has pushed around and had fist fights with members of the family. So I will not be around him until he gets help. Several family members have tried to suggest counseling but the person has to want to receive help before it will be productive. So yes, right now the concern is for an innocent child and not anyone else. I thought this forum would provide a yes, no or maybe answer so I could decide what the next step could be. I guess I got my answer and then some.

Thanks anyway.

If the child is in an unsafe environment, you are always free to call CPS. The fact that no one has called CPS suggests that maybe it's not as bad as you claim.

Just how do you expect a forum like this to give a definitive answer without knowing all the facts and knowing the particular judge in the case? Very few things in law are black and white. Yet, even with that, you've been given a very clear direction as to how your case would likely play out. What more do you want?

 

[diamond20]

With all due respect, do you really think your presence in child's life will be beneficial to him if you do not have decent relationship with his parents? Don't you think it would damage the child emotionally to witness arguments between you and his parents?

Do you think any court would find those conditions favorable for your grandchild?