Legal Question in Family Law in Alabama

My son had a child out of wedlock . He is paying child support . My son has had very little to do with his child, seeing him only occasionly. He lives about 200 miles from his son . While at the same time my husband and I have became very close to him . Keeping him at our house for days . Supporting him with extras and just being here for him . At Christmas his mother refused to let him come over for even a few hours on Christmas Eve because my son ( his father) was here visiting. It caused a lot of hard feelings and a lot of words were exchanged . Now she will not let my husband and I see him . I understand we have no legal rights. Is there not anything we can do . My son is suppose to have standard visitions , but she has never let him have his son . Please tell us what we can do . We haven't seen him since earley Dec. He only lives about 2 miles from us . He is 5 years old . What must he be thinking as to were we are ? And why is he not seeing us . We love him very much and he loves us . Thank You


Asked on 3/08/10, 8:45 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

You are very astute to know that you don't have any real legal rights as grandparents. What counts here is the best interest of the child. 1) Your son must demand his rights to visit the child. He can this allow you to visit the child during his time, if that's what he wants. 2)If a relationship between you and the child is in the best interest of the child, then you can ask the court to order visitation with you -- for the benefit of the child. The person who really has standing here is your son. He must get engaged with this and file an action to require the mother to allow him visitation. Mother cannot just decide to "never let him have his son". Son should get into court with this at once, and ask the court to allow you visitation. Remember, it is not your right to have it, but it may be in the best interest of the child. Good luck

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Answered on 3/14/10, 9:46 am


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