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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34741
Experience:  16 yrs. of experience including family law.
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Our son and his wife are in the process of separating after

Customer Question

Our son and his wife are in the process of separating after 4 years of marriage. He is a Marine currently based at Quanitco. They reside in Woodbridge VA. AT first thing started out friendily, but with the issue of custody of their almost 1year daughter things are getting nasty. She is attempting to file for emergency custody of the child so that our son won't be able to bring the baby to us to visit, (we live in Montgomery Village MD). Once the separation is final our daughter-in-law will be moving back to California. My question is as grandparents what rights do we have in terms of visitation?
Submitted: 6 years ago.
Category: Family Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You will not have any rights as grandparents unless or until the court grants them...and to apply you need to file in the state the child lives in.

So if the child is in CA (the grandchild) you will need to file in CA.

The good news is CA has liberal grandparents rights...if the parents are divorced, the grandparents can file for visitation. If you can show the court that its in the child's interest to visit with his grandparents, the CA court will award visitation.

BotXXXXX XXXXXne, when the child lands in CA you can file for grandparents rights in the CA court.