my granddaughter lives in VT with her mother - her father lives in canada - the little girl is 8, parents were very young when she was born (15) - it has been hard getting her up to visit - and now i have been informed that all visitation will stop a ...

Jurisdiction: 

Area of Law: 

Question: 

my granddaughter lives in VT with her mother - her father lives in canada - the little girl is 8, parents were very young when she was born (15) - it has been hard getting her up to visit - and now i have been informed that all visitation will stop and she is going to be adopted by a new husband - as a canadian what can i do to visit my grand daugher and have her continue coming to canada to see her family

Selected Answer: 

DakotaLegal's picture

 

 
 
I am assuming you also live in Canada. Let’s start then, with the idea of the adoption, and why the adoption is even possible. This is also important, because the whole idea of ‘adoption’ goes to explaining what limited rights you have as a grandparent. Some of your rights are based not on your being a grandparent, but as a parent of the girl’s father. Putting it another way, some of your visitation rights (but not all) are “derived” from your son. The more involved your son is able (or willing) to be in protecting his rights as a father, the better position you will be in for visitation. You can get a general idea of your son’s rights by looking at Vermont’s family laws… http://www.leg.state. vt.us/ statutes/chapters.cfm?title=15.
 
Keep in mind, many people who re-marry misunderstand what it means in terms of custody or a supposed “adoption.” They may simply try to tell you that it’s easier for them to “get on with their lives” and end all prior associations with the father. They may inaccurately call a re-marriage ‘adoption.’ That’s not how the law works: the best interest of the child is the key. Here is what “best interests” mean in Vermont: http://law.justia.com/codes/vermont/2011/title33/chapter51/section5114/.A Vermont court will also try to craft custody so that “natural family affection” is protected with the father and (to a lesser extent) the father’s family. http://law.justia.com/cases/vermont/supreme-court/2011/op2010-385.html.
 
 


  • Vermont’s Grandparent Visitation Laws

 
Most of what you will need to do, legally, is going to be based on Vermont state laws. Vermont has been a leader in trying to guarantee extended family ties are protected. Since 1977, in fact, the Vermont has been discussing (and passing) laws aimed at actually giving grandparent’s specifically protected rights.
 
These laws can be viewed here: http://www.leg.state. vt.us/statutes/sections.cfm? Title=15&Chapter=018. The first decision comes about based on whether your son has “abandoned” the child. If he has abandoned the child, then you do have the right to file a claim for visitation without the involvement of the father.
 
Dealing With Distance…
 
Because Vermont is so close to Canada, some of the toughest child custody cases involve ‘foreign’ residence questions. One difficulty has been that grandparents living in Canada cannot afford legal help, and face restriction on using free legal aid services in the States. Still, try to get some affordable professional help http://www.lawlinevt.org/ or (in Vermont) by calling 1-800-889-2047.
 
Get a journal and, to the best of your ability, write down a calendar of what you have done to keep in touch. Birthdays, special occasions, and gifts can all help explain the role you’ve had, and why it is in the best interests of the child to keep you in her family.
 
Have Experts, and Prepare…
 
One common expert you will need is a home visitation expert. You’ll have to pay the costs of this. Keep a separate journal about parenting concerns you have toward the mother. Don’t forget that you may have reason to be worried about the new “husband” of the mother too. Avoid burning bridges with the mother. If you have the ability to confidentially get the new husband’s name, such as through the County Clerks marriage records. You can do a records search on him that may be useful. Don’t assume that they actually are married, either.
 
Time is very often a key factor here. It may have been, for example, a year since you’ve seen your granddaughter. If your only option is to go ahead and file a petition for visitation, without any legal help, it is still possible to start the process on your own. Here is where you can get forms to file for visitation: http://www.vermontjudiciary. org/MasterPages/Court-FormsIndex.aspx.

All Comments

DakotaLegal's picture

 

 
 
I am assuming you also live in Canada. Let’s start then, with the idea of the adoption, and why the adoption is even possible. This is also important, because the whole idea of ‘adoption’ goes to explaining what limited rights you have as a grandparent. Some of your rights are based not on your being a grandparent, but as a parent of the girl’s father. Putting it another way, some of your visitation rights (but not all) are “derived” from your son. The more involved your son is able (or willing) to be in protecting his rights as a father, the better position you will be in for visitation. You can get a general idea of your son’s rights by looking at Vermont’s family laws… http://www.leg.state. vt.us/ statutes/chapters.cfm?title=15.
 
Keep in mind, many people who re-marry misunderstand what it means in terms of custody or a supposed “adoption.” They may simply try to tell you that it’s easier for them to “get on with their lives” and end all prior associations with the father. They may inaccurately call a re-marriage ‘adoption.’ That’s not how the law works: the best interest of the child is the key. Here is what “best interests” mean in Vermont: http://law.justia.com/codes/vermont/2011/title33/chapter51/section5114/.A Vermont court will also try to craft custody so that “natural family affection” is protected with the father and (to a lesser extent) the father’s family. http://law.justia.com/cases/vermont/supreme-court/2011/op2010-385.html.
 
 


  • Vermont’s Grandparent Visitation Laws

 
Most of what you will need to do, legally, is going to be based on Vermont state laws. Vermont has been a leader in trying to guarantee extended family ties are protected. Since 1977, in fact, the Vermont has been discussing (and passing) laws aimed at actually giving grandparent’s specifically protected rights.
 
These laws can be viewed here: http://www.leg.state. vt.us/statutes/sections.cfm? Title=15&Chapter=018. The first decision comes about based on whether your son has “abandoned” the child. If he has abandoned the child, then you do have the right to file a claim for visitation without the involvement of the father.
 
Dealing With Distance…
 
Because Vermont is so close to Canada, some of the toughest child custody cases involve ‘foreign’ residence questions. One difficulty has been that grandparents living in Canada cannot afford legal help, and face restriction on using free legal aid services in the States. Still, try to get some affordable professional help http://www.lawlinevt.org/ or (in Vermont) by calling 1-800-889-2047.
 
Get a journal and, to the best of your ability, write down a calendar of what you have done to keep in touch. Birthdays, special occasions, and gifts can all help explain the role you’ve had, and why it is in the best interests of the child to keep you in her family.
 
Have Experts, and Prepare…
 
One common expert you will need is a home visitation expert. You’ll have to pay the costs of this. Keep a separate journal about parenting concerns you have toward the mother. Don’t forget that you may have reason to be worried about the new “husband” of the mother too. Avoid burning bridges with the mother. If you have the ability to confidentially get the new husband’s name, such as through the County Clerks marriage records. You can do a records search on him that may be useful. Don’t assume that they actually are married, either.
 
Time is very often a key factor here. It may have been, for example, a year since you’ve seen your granddaughter. If your only option is to go ahead and file a petition for visitation, without any legal help, it is still possible to start the process on your own. Here is where you can get forms to file for visitation: http://www.vermontjudiciary. org/MasterPages/Court-FormsIndex.aspx.