Legal Question in Family Law in California
grandparents rights
Our son and daughter in law have been living seperated for some time. They have a 1 1/2 year old son. between them. The never filed for devource and our grandson has been living with the mother in shotty conditions, to say the least. Our son is now incarcerated with our daughter not far behind him. In all this we as grandparents have had little or no visitation with our grandson. How does one file or obtain grandparent's rights?
2 Answers from Attorneys
Re: grandparents rights
I would recommend filing an OSC for custody of your grandchild. It may result in visitation rights until the other parent is incarcerated when you may move for full custody. Contact me directly. 20 years experience.
Re: grandparents rights
Grandparents typically have no rights unless their child is deceased. However, there may be rights where their child is incarcerated. You should consult with an attorney with regard to the entire situation. I would be happy to give you a consultation. There are other factors to look at in addition to requesting visitation, such as the past history of you and your spouse, etc.