Q: Can a non biological grandfather get visitation under grandparents rights?
Daughter died Dec 18th 2020. My significant other and I have been together as husband and wife for 13 years. Daughter and bio father separated but not divorced for 1.5 years. I (maternal grandmother) cared for baby while she was at work, since birth. We've filed for grandparents rights for visitation. We both have legal custody of granddaughter, who is the half sibling to the baby. The biological father is trying to get the case dismissed stating that my significant other is not related. The case is filed under my significant other name. My id is expired and I have lost my birth certificate and can't get it renewed. My husband and I present as husband and wife to all family, friends, associates and have assets in both names.
A: You need to refile under your name solely to have any hope here. Grandparents have no rights to visitation if the parents of the grandchild are legally married. They can get custody, but only if they are able to prove that the biological parent is unfit or abandoned the child.
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