Legal Question in Family Law in California
Grandparent won't give child back after visit and child won't leave with parent
My daughter, age 16, visited her grandmother this summer and upon my arrival to pick her up claimed my daughter did not want to come home and would be living with her from now on. When I did not accept this proposal, she threatened she would go to CPS and make sure my daughter could stay and that if that did not work she would hire a private investigator to investigate me and take me to court for gaurdianship. She also threatened that she would make me lose custody of my younger son, although she has no desire to take custody of him. She has done this in the past and CPS, after investigating me, refused to take my kids. Mean time she bought my daughter a cell phone and lets her do whatever she wants, so my daughter has sided with her because she likes the lifestyle. What rights do I have to make my daughter come back home and how can I stop this harrassment from happening again? Why should a parent have to live under constant fear of investigation due to unfounded and complete lies of their parenting skills, because a lonely old women wants company and someone to play with? Can I sue her for harrassment and interference of my parental rights to my children and fundamental right to enjoy the custody my children?
1 Answer from Attorneys
Re: Grandparent won't give child back after visit and child won't leave with par
Well, the first thing you should do is file for a Temporary Restraining Order, preventing G-Ma from having contact. Then you can go get your daughter. You'll have to attend a hearing within two weeks to prove the order needs to remain in effect for three years. There are usually people that can help you fill out the application down at the family law courthouse in your county.
Probably not going to get much mileage on a harassment suit, due to the fact she's going to claim she was acting in good faith in trying to protect the children and it will be difficult to prove otherwise.
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