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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I would like to purse grandparent visitation rights... In CA...My

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I would like to purse grandparent visitation rights... In CA...My daughter and granddaughter were staying with us as she is going through a divorce that we are paying for... She met a guy that verbally abused myself and husband. We did not allow him in our home after that, so, she went to go stay with him and won't answer our calls, texts, give us her whereabouts or let us see our granddaughter who is 2 3/4yrs old and has Cerebral Palsy...I was told We as grandparents have legal visitation rights
Thank you for your question.

Pursuing grandparent rights is a fairly difficult process. May I ask how long has your granddaughter been staying with you? Is your daughter, in your opinion, and unfit parent, and if so, on what grounds besides her choices in a boyfriend?
Customer: replied 6 years ago.
For the first eight months she was with us ... Then we helped pay for an apt for her and her then husband. My daughter and granddaughter started living with us with our full support 3/7/10. Again. My daughter is a recovering drug addict we sent her to rehab and appears to be clean still. The boyfriend is a sociopath by definition. And we believe he is threatening her and influencing her decision daughter would normally not behave this way nor has she in the past... She is 24 yes old. He is 25. We have been like second parents to our granddaughter since she was born.
Thank you for your follow-up.

You do have enough grounds to pursue custody in this situation. Typically custody for grandparents is deemed inferior to the rights of parents (See Troxel v. Granville), states do permit grandparents to pursue visitation and custodial rights if they can show that they have a bond or a link with the child, that the child resided with the them for a long period of time, or that the grandparents were guardians before, or that it would be in the best interest of the child to be exposed to the grandparents. You do appear to fit most of those criteria.

To file, contact your local courthouse and ask to speak to the clerk. Explain the situation and state that you need to file for visitation or even custody on grounds of unfitness, and need to assert your rights. The clerk will be able to provide you with copies of the forms that you will need to file to win custody. You should also be able to find copies of the forms at:

Good luck!

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 6:51 PM EST
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