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Can a grandparent be awarded visitation if that grandparent has not requested visitation (or contacted) in over 6 months?

| Jan 8, 2016 | Uncategorized

Q: long story.

My mother is seeking visitation. Lies about everything (verified by court and forensic). Grandparent (my mother) can show “equity fit to intervene”. However, if grandparent failed to contact grandchild for no reason in past 6 months, would court make a ruling? Trial set to occur in the next few weeks. forensic is dated 2013. Forensic was awful in her favor except “recommend frequent contact with child”. Where can I find the circumstances in which that statement was made? Can I argue circumstances changed? Is it too late I. Proceeding to request additional forensic?

A: David’s Answer: You obviously have many questions, though a definitive opinion can really only be rendered upon review (at the least) of the forensic report. What can be said is if the grandparent hasn’t been visiting nor informally requesting visits, it substantially hurts their case. That said, if the case is proceeding to trial, it’s highly recommended you retain an attorney. Schedule a consult with an Orange/Westchester Child Custody attorney for a full assessment. – David Bliven, Westchester Child Custody Attorney, (www.Blivenlaw.net)

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