Legal Question in Family Law in California
Grandparent rights to visitation
US supreme court case truxel???( not sure on spelling) spelled out what right g-parents have if any. I am married with 5 kids. My bio son from another relationship, two bio stepdaughters from my husband and two bio kid btwn the two of us. g-parent allowed visits a/f bio mom failed to appear in court. My husbands parent sued him for visits for the stepdaughters, no other kids. Court mediation allowed visit. However, we have recently adopted each others kids. Does this terminate G-parents visits now that I am the adopted mother w/ standing? Do we need to file a change in circumstance form? we want Court ordered visit to end b/c the girls are older and don't want to be forced to visit g-parents. we want to return to a traditional grand child and grand parent relationship and visit just because or on B-days or holidays.
Next question - Do we have any substantive law issues here with interference with the right to raise ones child ? if so what is the liklihood that this arguement will work w/ Judges?
Thanks
Concerned mom
2 Answers from Attorneys
Re: Grandparent rights to visitation
If the children want the visitation to stop, then, barring some exceptions, it may be so ordered. You need to file a OSC to modify visitation. A hearing and and FCS mediation will be scheduled. Contact me directly.
Re: Grandparent rights to visitation
If children are adopted, then grandparents should no longer have visitation rights, however, there may be some exceptions if the children have a close relationship with the grandparents. You should have an attorney look at your paperwork to determine your best strategy. Good Luck, Pat McCrary
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