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My Wife is disabled with fibromyalgia, and has been placed…

My Wife Mary is...

My Wife Mary is disabled with fibromyalgia, and has been placed on long-term disability. We have a 6-year old Granddaughter (Taylor), from our Daughter (Melissa) of 31 years. She and her Husband (Adam, the girl's Father) are separated and the marriage is essentially over. Late in 2016, Melissa came clean that she's addicted to opioid medication. She entered treatment and is doing much better (320 days clean so far). During her in-patient treatment, Adam decided that Mary has a drug problem. He demanded that she enter an in-patient drug rehabilitation center and said that she could not see Taylor until she did. Mary does not abuse her medication and is being treated by 4 actual doctors and a therapist. All of the medical professionals strongly disagree with Adam's demand for drug therapy. We haven't been able to see Taylor for over 10 months now and she lives in the same town as we do (Benicia). Mary is being victimized again by Adam because of her disability. Do we have a claim against Adam under the ADA?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have been taken so far?

We have taken no steps, as far as a demand letter or legal action.

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

No. Except that Adam isn't a medical professional. He's a mechanic.

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Answered in 8 minutes by:
3/19/2018
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,708
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Give me just a moment to review what you've written.

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Where is Melissa during all this?

Is there a court order preventing you from seeing Taylor?

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Customer reply replied 5 months ago
Melissa moved back home with us after treatment. There is no court order preventing us from seeing Taylor.
Customer reply replied 5 months ago
Actually, Melissa has 50% custody but has been unwilling to enforce it. Adam is verbally and emotionally abusive.
Customer reply replied 5 months ago
I am a civil engineer with over 38 years of professional experience. Mary is a registered nurse. However, her medical issues have forced an end to her professional career. Our annual income is about $250,000 and we own a nice 5 bedroom 4 bathroom home. Taylor lived with us for most of the first 5 years of her life.

Here's the thing. You can presumably see the child ANY time when she is with mom - and you can also petition the court to have time with Taylor if dad won't let you see her particularly b/c you have a long-standing relationship with the child. That's the way to *enforce* your rights - by convincing a judge you should continue to have access to your grandchild. Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,708
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Olivia -- You answered my question, and thank you. Time to search for a lawyer that practices in the family law area. Regards ***** ***** gave you five stars.Craig

Craig, It was my pleasure. Thanks so much for your rating!
And, just for future reference, I want you to have a way to get back to me directly (if you want). If you need anything and you want to reach me you can do so by clicking HERE or by putting "This Question Is For Olivia" before you start typing your question.

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Category: Family Law
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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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