If we are out of state grandparents and our child is in middle of a divorce, can we legally call our grandchildren?

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If we are out of state grandparents and our child is in middle of a divorce, can we legally call our grandchildren?

Asked on December 22, 2011 under Family Law, Arizona

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless there is a restraining order or an order of protection prohiting you from contacting your grandschildren, it is perfectly legal for you to call your grandchildren. However, while it may be legal for you to do that, there is no obligation on the part of your children's parents to allow you to speak to them. They can prevent their children from talking to you for any reason. So while youcannot get in trouble for calling them, you may not be able to speak to them either. You would have to go to court and seek grandparents visitation rights, which vary from State to State. Also, since presumbaly your child (the mother or father of the children) would allow you to see them during their respective time with the children, you may not be given your own independent visitation or phone contact. I would consult an attorney in your area to see what rights you may have if you choose to visit with them.


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