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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Can my husband 72 and I 63 take my sons ex girlfriend to court

Customer Question

Can my husband 72 and I 63 take my sons ex girlfriend to court and sue her for not allowing us to see are 6 yr oldgrand son whom we had existing bond and been in are life since birth. We are decent people. My son 31 is rehab finishing a yr time. He is pergect now. She t9ok him from where he live for yrs his bedroom his million toys his puppies. She uprooted and is alienating him , we are his only blood grandparents, that grandsons hurting, last visit may 9th he literally begged and cried to be able to c9me back. Don't even no where he lives, we missed all baseball games, visible bruises said plz don't ask him who does it. I no he's being threatened jone lewis
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Good morning. I certainly understand the situation and your concern. Yes, it may be possible that you can obtain court ordered visitation. Under California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to: Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild. AND 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. In general, grandparents cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, like:The parents are living separately;A parent’s whereabouts are unknown (and have been for at least a month);One of the parents joins the grandparent’s petition for visitation;The child does not live with either of his or her parents; orThe grandchild has been adopted by a stepparent.Here is also a link that has the process and forms which you may need, if you want to handle this on your own but it is in your best interest to retain an attorney to help you. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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