Do I have any rights of I am a grandmother that has never seen her granddaughter?

UPDATED: Sep 10, 2015

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Do I have any rights of I am a grandmother that has never seen her granddaughter?

She is now 8 years old.

Asked on September 10, 2015 under Family Law, Oregon


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Most state statutes require that a number of conditions occur before visitation rights to a grandparent can be granted. Many states mandate that the marital status of the parentsbe considered before a court will determine whether or not visitation is appropriate. In some of these states, the parents' marital status is considered only if the grandparent has been denied visitation by the parents. In still other states, marital status is considered only if the grandchild resided with the grandparents for a cetain period. Additionally, a minority of states require that at least one parent is deceased before visitation can be awarded by a court. Further, the court will make iany decision regarding visitation  bywhat is in the best interests of the grandchild.
In OR, determination of grandparent visitation rights include consideration of the relationship between the grandparent and grandchild, as well as the relationship between the parent and child. It should be noted that adoption cuts off all visitation rights of grandparents.
At this point, you should consult directly with an attorney in your area. They can best advise further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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