Legal Question in Family Law in California
No Contact Order
My HB and I are raising his 2 kids. Their mom is in TX and has no phys. cust. or visitation, due to emotioanal neglecting the kids. Her parents live in town and we haven't heard from them in a year and a half. They are equally as bad at taking care of the children and are more physically neglective and emotionally manipulating. My HB and I are filling in two weeks for me to Adopt them, but now her parents want them for the weekend. (not even possible the four year old with severe anxiety disorder)
My Q is, can we legally file a no contact order against her parents until the adoption goes through, since it would be so tramatic for the kids to see them now. They haven't even seen their mom in over a year and the 9 year old is harboring serious anger towards her and we're concerned it will be damaging for the kids to be with her mother.
What do you think, Can you help us??
1 Answer from Attorneys
Re: No Contact Order
Unless there is a court order for the grandparents to have visitation you can just say NO. Grandparents have no visitation rights except as granted by the parents, or in this case the parent. They would have to file a petition with the court to obtain an order for visitation. Grandparents have to convince the court that it is in the best interests of the children for them to have visitation ordered by the court. During that time you can proceed with the adoption.
If the grandparents persist in attempting to contact the children, contrary to father's wishes then a restraining order can be requested.
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