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What are grand parents rights. My grand childs father is…

What are grand parents...

What are grand parents rights. My grand childs father is trying to take away all visitation and take over complete custody of his son. My grand daughter has shared custody now.

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

Calif

Lawyer's Assistant: Has anything been filed or reported?

She was served yesterday and is filling out papers for mediation tomorrow. Court dare is set for the 23rd and I need, as Grand Parent, to have my rights known.

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

The father has shown no interest in attending any of his sons activities (child is 4) and basically is a deadbeat dad. He makes $6,000 a month and is all about money. My Grand daughter has gotten off of welfare on her own but makes less than when she was on it. She is an awesome mom with one other son ,his brother of 4 years, and we are all a very loving family.

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Answered in 7 minutes by:
1/9/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

California law allows a grandparent to seek reasonable visitation with a grandchild. That wouldn't necessarily change custody. If your daughter is willing to allow you to spend time with the grandchild when he is in her care, it may not be necessary for you to go to court. For you to get visitation, you'd have to show:

1. A pre-existing relationship with the child such that he would be harmed by not being able to see you.

2. That allowing you to spend time with the child does not interfere with the parents' right to determine what is best for their child.

The child's father is not remotely likely to get 100% custody with no visitation to the mother. In order to get that, he'd have to show that the mother is an unfit parent - which has nothing to do with money. An unfit parent typically means showing something like a history of abuse, a history of domestic violence, a drug or alcohol problem, or something similar. It's tough to get a judge to agree to something like that, and based on what you're saying, I don't see how the father could possibly prove that it's appropriate.

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On the other hand, the judge will consider how the father treats the child. If he doesn't spend time with the child, skips visitation, and otherwise seems disinterested, your daughter can tell the judge that. You can testify as to the relationship she has with the child, as can anyone else who has seem them together.

Here is more information on grandparent's visitation, if you want to intervene in their case.

http://www.courts.ca.gov/17976.htm

The fact that the father has more money than the mother shouldn't pay into custody, because that's what child support is for - to minimize economic inequality between the parents. If he goes to court and starts talking about how he should get custody because he makes more, the judge may just increase his child support.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you so much. This was really helpful.

You're welcome. I hope everything works out.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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