I need to know what rights do a grandmother have when the mother will not allowed you to see your grandson even though you had him for the last 10mths.
1 Answer from Attorneys
A grandparent can file a petition in the Circuit Court of the county where the child lives requesting a court order permitting visitation. However, if the parents oppose this and are fit to have custody, there is a presumption that the parents are doing that in the best interests of the child. The court has the authority to find that notwithstanding the parents' objection, it is still in the best interests of the child to allow grandparent visitation. In your case, since you were the child's custodian until recently, I think there is an excellent chance of your prevailing unless there is some evidence that while you were taking care of your grandson he wasn't doing well.