Is There Grandparents Visitation Rights Any More

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Is There Grandparents Visitation Rights Any More

by Madhatter
(Springdale, AR)

We have a granddaughter who will be 5 years old soon. The parents were never married. Paternity was established at birth, but our son never legally applied for paternal rights.

For the first 4 years, we were able to see our granddaughter whenever we were in town, even though our son and the mother had split. The mother said she would never keep the child from our son and he promised he would never take the child away from her.

About a year ago, she moved in with a man who is old enough to be her father and he has 3 teenage boys. He has been pushing the mother to get child support from our son which we can understand, but our son is unemployed and has no income. The mother has never asked for formal support and my son has bought things for his daughter as he has had the money to do so.

We moved from Indiana to Arkansas to be closer to our grandchild and the mother will not let us or our son see our granddaughter now.

We believe it is her new boyfriend who is controlling the situation as he does not like our son.

We cannot afford an attorney as my husband is out of work now as well.

Is there ANYTHING we can do?

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Is There Grandparents Visitation Rights Any More

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What You Can Do
by: Child Support America Team Member

Thank you for your question. Unfortunately there is no such as grandparents rights. Your son will need to go to court to fight for his court ordered rights. When your son gets his visitation rights then of course you will be able to see your granddaughter. It is a sad reality.

Your son will have to have a paternity test ordered so that he can be established as the legal father to his child. Another option your son can consider is opening up a Child Support case on his own. Child Support Enforcement will order a paternity test. However, this will not help with court ordered visitation, the only way around that is to fight in the court of law. When he gets court orders then she cannot play games any more. If the baby's mom does not allow your son visitation she will be in contempt of court.

Please tell your son to not give her any money or items. This will not count as support it is only considered a gift. This will hurt your son in the long run. Everything must be given through Child Support. Even if he pays something each month it will show he is trying.

I understand your financial situation. We offer a V.I.P. membership that may help. Has your son received a Child Support order yet?

CSA STAFF

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Reply to staff
by: Madhatter

No, she has never filed for support to our knowledge. It has only been the last year that she has started asking him for it informally.

A year ago, she brought our grand-daughter to see our son and us in Indiana. My son gave her money to defray the expense. She even brought 2 extra people and we fed and housed them while she was there.

During the time she was there, our grand-daughter got sick. She was not going to take her to a doctor because she had dropped the insurance on her. Our son paid for her to take his daughter to the doctor.

We still have all our grand-daughter's Christmas presents as we have not been allowed to see her.

My son signed paternity papers at her birth, but there was never any paternity test done. But, there is a definite resemblance to him.

For your information, it appears that in Arkansas there are grandparents rights. We talked to an attorney and he said we could file a case, but the time would come out of the time that was allowed our son in court. We don't have the $1350.00 retainer the attorney wants.

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Rights
by: Child Support America Team Member

We can't say that it's not true about grandparents rights in Arkansas, but we recommend you double check that information. We do hope that it is true.

Also there is a link below that explains how our low cost legal plan works if you are ever interested.

Thanks,
CSA STAFF

http://www.child-support-america.com/child-support-lawyer.html

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Is There Grandparents Visitation Rights Any More

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Is There Grandparents Visitation Rights Any More