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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34276
Experience:  16 yrs. of experience including family law.
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What are my rights as a maternal grandmother? We all live in

Customer Question

What are my rights as a maternal grandmother? We all live in California only 1 hour away from each other.
Submitted: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 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.

This depends...can you tell me, is your daughter married? Or is she single?

And can you describe the relationship you have with the children, as well as their ages?
Customer: replied 4 years ago.

At the moment she is single yet her boyfriend has moved in with her. Their ages are 9 and 8 yrs. old. We have always had a great relationship my grandchildren and I, but their mother will not let our relationship continue because she says I embarrass her. She just thinks she is better than me.

Expert:  P. Simmons replied 4 years ago.
Thank you Ma'am

California law does include "grandparents rights"

The California Family Code 3103-3104 permits grandparents to litigate visitation rights if a child’s parents are not married, even on the objections of both parents.

The court must find that there is a preexisting relationship between the grandparents and the grandchild such that visitation is in the child's best interest, AND the court must balance the interest of the child in having visitation with the parents' right to exercise their parental authority. (See Family Code, Section 3100 et seq.)

Factors considered by the court are: (1) child's preference (if child is old enough); (2) desire and ability of each parent to allow relationship with other parent, and (3) child's health, safety and welfare. (see Family Code § 3020-3424.)

Thus, as a grandparent, especially in the situation you describe, you can file a petition for custody/visitation and it would likely be granted by the courts...but understand that to start this process you would need to have a local attorney prepare and present the case to the court.

Bottom line: California has grandparents rights...and based on what you describe, it sounds like you can enforce them in your case.

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