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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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Im trying to get some answers about Grandparent Rights in

Resolved Question:

I'm trying to get some answers about Grandparent Rights in Calif. I've had custody of my biological Granddaughter before, but she's lived with myself and my boyfriend of 18 years. I first got custody of my Graddaughter five in a half years ago, because she was sexully assulted aby my 21 year old daughter's ex-boyfriend who was 16 at the time. When we went to court back then she was suppose to get custody back, but what happened was she just took her when it sooted her. So up until Dec.23,2008 she was still living with us. Now that my Daughter has moved she isn't letting up have her or even talk to her, she has to stay by her mom while talking to me.
Submitted: 8 years ago.
Category: Legal
Expert:  Daniel Solutions replied 8 years ago.

California statutes allow grandparents to get custody/visitation rights in three ways.

First, when a parent has died, a court may award visitation to close relatives of that parent, if it is in the best interests of the child.

Second, in a custody proceeding, a court may grant grandparents custody/visitation rights if it is in the best interests of the child.

Third - in the provision that was at issue in the Butler case -- grandparents may petition for visitation if the grandchild's parents are not married or if certain other conditions are met. That provision applied here - because Karen and Charles were divorced.

Under this third provision, the court must apply a particular standard if both parents object - or the parent with sole legal and physical custody objects.

The legal standard is this:

First, the court must find a pre-existing bond between grandparent and grandchild as a prerequisite to an order of visitation.

Second, the court must balance "the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority" to deny visitation. As the court strikes the balance, the court must apply a rebuttable presumption that the visitation is not in the best interests of the child. But if that presumption is rebutted - with evidence in favor of the grandparents -- then visitation can still be granted.

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Customer: replied 8 years ago.

I accept $15.00.and if you can tell my anythink else please let me know.