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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101939
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Do Grandparents have any rights The mother of our grandchildren

Resolved Question:

Do Grandparents have any rights?

The mother of our grandchildren has moved to Montana. She called me to let me know she was moving to Montana on June 28th. She said if I wanted to say goodbye to the kids to be at her home in the morning of June 29th because the would be leaving at noon. This was a complete surprise to me and I let her know I would have to get time off, but my husband works 2 hours from where we live. I told her there was not enough time for us to make it. I tried to call the next day and she did not respond to my message. My 15 year old grandson has a cell and I have called it and it has been disconnected.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. Yes, the grandparents have rights, but they are limited. Grandparents can be granted visitation (ranging from a few hours each week to a few days), but that is it. You can get this by filing a Petition for Grandparents Access with the family court. Until the child has lived in Montana for six months, the jurisdiction lies in CA. However, after this, you'd have to file in Montana.

The Court would decide based on the 'best interest of the child.'

Aside from this, I am sorry to say you have no other legal recourse.

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