Since Renee's grandmother has legal custody over Zack, the court has given her the decision making power to deny the father and you access to the child. If the father had an order for visitation, he would need to petition the court to allow the visitation to continue while he is incarcerated. You can assist him with the petition, but he needs to make the appearance for the court to hear his decision. The difficulty lies that since he is incarcerated he may not be allowed transportation, which ends up with him having to obtain a lawyer to represent his interests. Since you are not an attorney, you cannot represent your son before the court.
If father has never had a visitation order in place, then he would need to petition the court for visitation and demonstrate why it would be beneficiary for a 3-year old to see his father while incarcerated. In general the court does not like to place a child in an environment which can be very stressful or traumatic, so chances of getting visitation for dad are very slim. Further, the objections of the legal custodian will be persuasive for the court to deny father's petition.
As to grandparent visitation rights. Grandparents do not have automatic rights. This means that you would need to petition the court for an order of visitation and would bear the burden to show a relationship and bond with the child and why it would be in the child's best interests to visit with you. If you have had continuance contact with the child and there have never been any issues to concern his welfare with you, then you can petition the court for visitation. Again the legal custodian can assert her objections and you would need to challenge her objections as stated above.
Since you cannot afford an attorney, then the only way to get any visitation would be to continue making the request to the legal custodian otherwise your only other option is to take her to court and prove your case as stated above.
County your local county legal aid to see if you are eligible for free or low cost representation if you cannot truly afford the expense of an attorney.
If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.
Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.
__________________
DISCLAIMER HERE. Don't Forget To Click The ACCEPT Button Thankyou.
