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I'm not really getting my questions answered. I was wanting…

I'm not really getting...

I'm not really getting my questions answered. I was wanting to know the Grandparents rights for the state of califorina

Lawyer's Assistant: Have you talked to a CA lawyer about this?

Yes! I sent in questions last night, I was told by a police officer that grandparents don't have any rights in California

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

I've down load guardianship/ custody forms to file.

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

The mother is under investigation for child abuse, I'm trying to keep the child in my custody, the CPS has already spoke to the child, the child has told them he fears his mother.

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Answered in 18 minutes by:
3/15/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,566
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

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

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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.

.

The grandparent would have to file a formal petition for visitation with the court.

.

But if you are going to file for legal guardianship, that is a different situation as that would involve the judge having to make the decision to legally place the child with you permanently (unless modified later) and rule that the mother was unfit to be the legal guardian of the child. This would involve a full investigation of the home situation including any CPS investigation before a permanent decision was made.

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,566
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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