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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11658
Experience:  JD, MBA
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My son passed away without legal papers regarding custoday.

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My son passed away without legal papers regarding custoday. My granddaughter's mother has prevented me from seeing her. I have seen her 1 time in 3 months and that was only because her uncle and cousins were taking her camping. She always has a reason why my granddaughter is "unavailable:. Her mother is on her 4th pregnancy by 3 men. She is in and out oif jail and has had our can impounded. Her violations are unknown. She is supposed to be in bed during this pregnancy. I am afraid that Alissa will be pushed away like she pushed away her son (gave him to his father. Alissa lived with me since she was about a year. She is almost 7. What are my rights and how do I go about getting them without creating anomosity? Thank you. Any help would be appreciated.
Hello and thank you for allowing me the opportunity to assist you.

I'm so sorry to hear of your son's passing. I'll do my best to answer your questions.

Fortunately, California does allow grandparents to have visitation rights under certain circumstances. You will need to petition the court for visitation rights and then prove both of the following:

(1) That there was a pre-existing relationship between you and your grandchild that has “engendered a bond.” This means that there is such a bond between you and your grandchild that visitation is in best interest of the grandchild.

(2) The rights of the mother to make decisions about her child is not overly burdened by your visitation.

If you can prove that, then you stand a very good chance of being awarded a visitation order. To get that ball rolling, you should retain a local family law attorney. Although you can petition the court yourself, it is wise to retain an attorney. Handling this yourself would be like trying to fill a cavity yourself without a dentist. It's possible, but it's not going to be fun, and it could result in bad consequences that could have otherwise been avoided.

The second part of your question is more difficult to answer. How can you get visitation rights without causing animosity? It may not be possible. Whether or not it causes animosity is entirely dependent on the mother and her state of mind. On the other hand, if she's preventing you from seeing your granddaughter, then it sounds like there may already be animosity there, though you may not be sure of why. You may wish to directly ask the mother why she is not letting you see your granddaughter, and see what she says. It may be possible to resolve the issue without legal action. If that doesn't work, then I would assume that legal action isn't going to do much more damage than would already be done at that point in your relationship with the mother.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
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