Legal Question in Family Law in Rhode Island

grandparent rights and restraining orders

I was wondering what are the rights of grandparents. Example father has a restraining order put on him not to contact mother (wife) or the kids. As the granparents of the father's side who cant see his kids. Can the granparents contact the kids? To see how they are doing? is that violating the restraining order? Can they at least contact the kids and let them know there father still loves them, he is feeling like they will feel like he doesnt care. So are the grandparents able to go where they are staying and talk to there grandchildern and let the kids know there dad loves them and cares about them. Thank you for your time. This is in RI


Asked on 9/01/04, 9:23 pm

1 Answer from Attorneys
Staff General Counsel LawyersCollaborative

Re: grandparent rights and restraining orders

So long as your daughter-in-law will allow you to visit your grandchildren, and so long as you are not specifically prohibited by the restraining order (the order would have been served upon you by a constable or sheriff if you were specifically restrained), then you may visit the grandchildren and let them know that their dad loves them but that he is not allowed, for the time being, to visit them. Naturally, you must take care not to antagonize the mother or she may prohibit you from visiting the children. While you could sue for visitation over the custodial parent's wishes in that event, the cost would be substantial and the odds against you. If you would like to discuss this further, feel free to contact me at 941-7771, ext. 13 or [email protected]. You may check our qualifications at our website, www.montsum.com. Best wishes.

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Answered on 9/01/04, 9:59 pm


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