Asked in Family Law for Alabama

Q: As grandparents Do we have rights to have our grandchildren during summer vacation? Their mother, our daughter died

Last year, 3 yrs after her divorce. The ex husband remarried. We had the grandchildren last summer. Step mom accused as of damaging the boys by disregarding her rules. We did not, but we did allow the kids more freedom—less chores, more playtime, later bedtime, and allowing them to sleep in. We had boundaries and consequences. We kept them busy with swimming lessons, days in the pool, trips to the library, Vacation Bible School, visit to museums, playgrounds and even took them on a big trip. Stepmom and their father decided we cannot have the kids next summer because they claimed it took the step mom (dad started working in another state, doesn’t live with them) longer than the 8 weeks that they were with us to bring them back to where they were before they came. She has cameras in the kids’ bedrooms because she claims the younger boy’s safety is threatened by the older brother, we didn’t see that. On the divorce decree, we have visitation rights. What can we do?

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Birmingham, AL
  • Licensed in Alabama

A: You can certainly involve the court in enforcing the rights you do have and perhaps petition to expand those rights. The issue of grandparent visitation is very controversial and subject to many constitutional challenges. Most judges and the legislature take an expansive view but the statute that currently exist is already under constitutional challenge in the court system with an uncertain outcome. Best to seek counsel, review what you have and consider the next move if any.

Tim Akpinar agrees with this answer

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