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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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What rights do I have as a grandparent My grandson and

Customer Question

What rights do I have as a grandparent
My grandson and daughter both live with me
"Grandparent rights"
Submitted: 1 month ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 month ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 1 month ago.

In order to better assist you, here are some of the factors that can usually help with determining whether there are grandparent's rights, and how you would go about exercising them:

  • What state is this located in?
  • How long have your grandchildren been living with you?
  • Is there a family law (divorce case) filed between the grandchildren's parents?

Also, have you considered filing for a guardianship/conservatorship, or an adoption of your grandchildren?

Customer: replied 1 month ago.
He's only 3 1/2 months old
They never married
And ther is a court visitation order
Expert:  CalAttorney2 replied 1 month ago.

In California, "Grandparent Rights" are defined as "visitation" rights.

This means that you can petition the court that issued the visitation order and petition for a right to visit the grandchildren (or have them visit you).

Is this what you are asking about, or are you asking about keeping custody of the children? (In which case I would recommend petitioning for a guardianship).

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