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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112777
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I prevailed in my petition -monitered visitation with

Customer Question

I prevailed in my petition for non-monitered visitation with my Greatgrand Daughter; however,the Guardian, maternal Gramdmother, will only allow me 2 hours 3 days this summer a total of 6 hours, 2 days in July, 1 in August,
The faternal Grandfather has the child every week 24/7.
The Mother is in jail the Father in last 6 months of Court ordered drug program.
2010 I spent daily visits with Peyton in Hemet Ca.
Grandfather rarely saw Peyton,
Moving back to Santa Maria after Peyton's Uncle died from complications of diabetes, Peyton's Father, twin brother to Jeff,lost his job and both Mother and Father became embroiled in drugs.
Mother's mother, now Guardian called CPS, mo case was filed as child wss well cared for.
Both parents accepted offer of non-court ordered program.
Mother's mother, now Guardian, convinced both parents to sign over parental rights while they complete program.
There is no CPS case but Guardian has resticted Parents access and filed restraining order against her own Daughter.
I can provide complete file.
Peyton has many family members wishing to be close and share holidays, birthdays familiar history with this extremely bright, soon to be 6 year old.
I do hope you will assist me.
Unfortunatly I am on Social Security income.
The Court denied my waiver request so I pay $50 a month to the Court for my sucessful petition.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
When you won your Petition for visitation, was there any schedule set forth that the Guardian is not following?
Or did the court leave it at the discretion of the Guardian?
OR was it the parents you won visits against and if so, what does the Order say about scheduled visits? In other words, before the Guardian was appointed, what was the visitation schedule?
Customer: replied 1 year ago.
Samuel,
Did you read my narrative?
The Judge was satisfied the Guardian wes offering 6 hours. I am not. Guardian is not using "best interest of child" guidlines nor is the Judge.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Samuel II replied 1 year ago.
HelloThank you. I read it. I just wanted to be clear. I do not participate in the phone call offered by this site. I am going to opt out and allow another professional to assist you. Your deposit will remain in tact without a Rating at this time. Thank you for your patience and another professional will be with your shortly. Thank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.
I am a different contributor, but I am afraid we are forbidden from representing anyone from this site by state law. Thus, while we can answer your specific questions regarding your situation, we cannot represent you in the matter.
Furthermore, I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
Customer: replied 1 year ago.
Ok, I need anything whitch allows me to reopen my Petition and be allowd to request the Court to consider " best interest of the child" in that physiologic benefit is experienced both scholastic as well as socially when children are fully aware of familiar history and members on both sides of the family.
Please I am perfectly able to represnt myself with academic information to show the benefits as "best interest of the child."
Ferther I am happy todo my own research but I NEED guidnce.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you objected to the judge's ruling that 6 hours was enough, then your recourse was to file an appeal to the court of appeals regarding the ruling. So if this is a recent ruling, you have to file an appeal to the court of appeals based on this being an abuse of discretion by the judge. You can ask the court to reconsider its ruling, but unless you have new evidence that was not known at the time of the original hearing, the court is not likely to change its mind.
In order to reopen this in the lower court, you would have to be able to show some significant change in circumstances since the judge last ruled on the case that would warrant the change. If there have been no significant changes in circumstances since the judge issued the ruling then I am afraid that you would not succeed in reopening to argue to the court that 6 hours is not enough time.
So I would say that appealing based on the judge abusing discretion in that 6 hours is not in the best interests of the children would be the recourse in this type of case.
Customer: replied 1 year ago.
Where do I go to research as this seems to be both narrow in regard to my objective and not often litigated?
Expert:  Law Educator, Esq. replied 1 year ago.
This is an abuse of discretion type of situation, so it varies from situation to situation based on the facts, which is why you will not find much in case law.
However, the only place to search is the same sites used by attorneys, http://www.westlaw.com or http://www.lexisnexis.com and you can get free access at the court library, if not you have to pay for access from home.
Customer: replied 1 year ago.
Why could I not go back to the Court as yes I prevailed on the "non-monitered " part of my petition but I ferther requested weekends oncre a month which was reduced to 6 hours in 2 months.
Is it ureasoable to request a reopening of the petition based on providing information of Grandparents value to "best interests" ?
Customer: replied 1 year ago.
I found a case Fenn vs Sherriff which site 2 issues I can use.
LP
Customer: replied 1 year ago.
And civil code of procedures sec 656-663.2 is how I can reopen my petition w/o going to the appeals court.