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Grandparent Visitation Rights

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Creeeight

Guest
What is the name of your state? AZ.

A couple has a child. They never marry. They split up. Mom has sole custody of said child. Dad lives in a different state, with mom.(a few hours away) Dad is ordered to pay child support but doesn't. Instead, he uses the money for other things. Dad's mom hasn't contacted to see or talk to child in 3 months then suddenly calls and wants to. Does she have any kind of legal right to see the child? If she does, is she allowed to take the child out of the state?
 


LdiJ

Senior Member
Creeeight said:
What is the name of your state? AZ.

A couple has a child. They never marry. They split up. Mom has sole custody of said child. Dad lives in a different state, with mom.(a few hours away) Dad is ordered to pay child support but doesn't. Instead, he uses the money for other things. Dad's mom hasn't contacted to see or talk to child in 3 months then suddenly calls and wants to. Does she have any kind of legal right to see the child? If she does, is she allowed to take the child out of the state?
No, she has no legal rights of any kind. However, if she has the money and wishes to pursue legal rights, assuming that the child's state statutes allow that, she can. It would be an extremely expensive battle for her to fight, and her chances of winning are not strong. If she did file for rights and won, its unlikely that she would be able to take the child out of state for visitation.
She would most likely have to visit in the child's home state.

The mother of the grandchild is in total control at this point and could not get in any trouble legally for totally denying visitation. If the mother is offering to allow the grandmother to visit in the child's home the grandmother should be greatful for that opportunity.

However, if the father would get off his butt and turn into a responsible human being, then HE would have rights and be able to enforce them...and grandma could see the child during his parenting time.
 

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