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Do grandparents have visitation rights the mother and her…

Do grandparents have visitation...

Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son is in jail and gets out in October but she has a restraining order on him til March of 2018 lots of drama but my main concern is seeing the girls oh yes and she has recently got married

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Answered in 1 minute by:
10/2/2017
Jessica B
Category: Family Law
Satisfied Customers: 1,858
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. I would greatly appreciate it if you would please rate my answer at the end of this session. Thank you!

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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:

  1. 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

     

  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.

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; or
  • The grandchild has been adopted by a stepparent.
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If a grandparent has visitation through the courts, and things change and none of these exceptions apply any more, one or both parents can ask the court to end the grandparent’s visitation and the court must then end the grandparent’s visitation rights at that time.

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Customer reply replied 10 months ago
if the children lived at are home and yes we had a bond do I file papers for visitation?

Under the law, a grandparent who wants to ask the court to order visitation with a grandchild can file a petition in court. It is difficult to figure out exactly how to file this petition. There may already be a family law case filed between the child’s parents (like a divorce, a parentage case, a child support case, or a domestic violence restraining order) and a grandparent may be able to ask for visitation under one of those existing cases. Or, there may be no open case, and you, as the grandparent, may have to file a petition in court starting a case from scratch.

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There are currently no official court forms specifically for this purpose, but several courts have developed local forms and templates you can use to ask for visitation with your grandchild.

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Customer reply replied 10 months ago
Can u recommend someone I could go to in Auburn CA
Customer reply replied 10 months ago
I live in El Dorado County but couldn't find an attorney

Lydell & Lydell Attorneys at Law

***** Suite C-3

Fair Oaks, CA 95628

(###) ###-####
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Ewing Law Group1600 Sacramento Inn WaySte. 219Sacramento, CA 95815Phone:(###) ###-####/p>

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Your best bet is to use a Sacramento attorney that specializes in Grandparent Rights.

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Customer reply replied 10 months ago
Are these names u gave me familiar with grandparent rights?

Yes. They are family law attorneys who also specialize in Grandparent Rights. I recommend calling about*****you can get a feel for who is a good fit.

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Customer reply replied 10 months ago
Thank u for your help

No problem! Good luck. Remember you have rights so don't get frustrated. This is a difficult time but you should prevail. Please remember to rate my answer so that I may receive credit. Also please contact me if you have any questions in the future.

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Customer reply replied 10 months ago
Excellent help

Thank you. Please remember to rate my answer.

Jessica B
Category: Family Law
Satisfied Customers: 1,858
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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