Legal Question in Family Law in California
My grandchildren live in Nevada, I live in California. My ex-daughter-in-law has temporary primary custody of the children, and their father (my son) lives in Maryland. My ex-daughter-in-law has made it almost impossible to speak with my grandchildren, and I want to legally force her to allow me access to them. I know that both Nevada and California have Grandparents Rights laws, and my question is this: which state do I file in, and does it matter which state the attorney representing me is from?
1 Answer from Attorneys
Typically you would need to file for grandparents rights in the state where the child currently resides. You would need to be joined to the case as a third party and then assert your right to visitation. You will have an uphill battle though because you will need to show a very long and established relationship to the child so that the court will want to maintain that. You should do so sooner than later because the longer the period that passes the more the court will think that it is not an important issue for you. An attorney can only represent you in the state which he is admitted to practice law.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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