grandparent's rights for visitation

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Raye - posted on 10/24/2014

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Patricia,
I don't know what circumstances led to your son denying you the opportunity to see your grandkids. Obviously something has recently changed. I'm sorry, but legally you probably don't have any rights. I don't know Canadian law, but I think it's pretty universal that the children's birth parents hold all the rights unless the parents are found incapable to care for the children by the court. Even then, Grandparents are not guaranteed visitation or custody.

I'm a step-mom, and although I have been involved daily in helping raise my step-kids and love them as my own, I have absolutely no legal right to make any decisions for them. And if my husband died, the kids would be ripped from my life and there wouldn't be anything I could do about it. It's hard, I know. You invest your time, energy, and emotions into these little ones, and the level of involvement you are allowed in their lives can be dictated by someone else. It's difficult to accept, but it's always up to the birth parents.

I would suggest to keep trying to talk to your son. Find out why he decided to exclude you and what you can do to mend any hurt feelings. Don't keep pushing for visitation with the grandkids, at least not right away. Your son might think you care more about your grandkids than you do your own kids. Even if that's true, it's not a good approach to get him to agree to see your grandkids. Try to repair the relationship with your son, and the relationships with your grandkids will follow.

Patricia - posted on 10/24/2014

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I live in Canada, and have just been denied to see my grandchildren. Besides being heartbroken, I just want to see them. If my son and daughter-in-law want nothing to do with us, fine, but I just want to see my grandsons. If they want them supervised, fine, I just want to see my grandsons. We are not alcoholics, drug addicts, gamblers. We are upstanding church going people. I work 2 jobs, my husband is retired. We have never been in trouble with the law, we own our own home, we live 45 mins from them.
Funny thing, Thanksgiving weekend, our grandson was able to stay overnight....now one week later, we can't see them anymore.
Do I have no rights at all?

Raye - posted on 10/23/2014

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Correction, Grandparents can file a motion in court to be granted visitation, but usually it has to be proven that the child needs to have more responsible people in their lives. Each state is different, I'm sure, on what criteria needs to be met and what proof given to the court for that kind of visitation.

Raye - posted on 10/23/2014

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I'm not sure what your questions is.
Grandparents do not have any rights to the children, except what the parents agree to give them.

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