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Roger, Attorney
Category: Family Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My grandson just turned 1 on 5/21/2015. He has been staying

Customer Question

My grandson just turned 1 on 5/21/2015. He has been staying with my wife and I and my daughter for the last year. On 5/29/2015 my daughter decided to just get up take our car and leave with my grandson. She didn't take anything other then the car and returned that, but still left. Does my wife and I have any rights to see our grand son, since this is all he has known since birth? Also the father has a restraining order out on him to protect my daughter and grandson. Not to mention the father has welfare after him, because he hasn't been in my grandsons life for the first year. Neither one of the parents have jobs or a place to call home. My grandson had gymnastics paid for, a room filled with toys(still has everything in it) a safe and solid foundation. Also I have been paying his healthcare and expenses for the last year.
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
As the California judicial website says, "grandparents can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to: (1) Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond" AND (2) Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child."
Here's the link that provides the above and more relevant info:
Thus, in your situation, it sounds fairly promising that you would be awarded the right to seek visitation through the court system. If you can't reconcile with your daughter over this, you certainly should consider seeing a lawyer to help you file the appropriate petition.