Legal Question in Family Law in California
Grandparents Rights
I have a six year old son, whom I have soley raised. His father has paid no child nor am I looking for any. The childs grandparents have helped me out but only because they have wanted to. I want to know what right's my son grandparents might have, ff I decide that I want ot move away, possibly out of state or to another city? I also want to know what rights my son's father may have?
1 Answer from Attorneys
Re: Grandparents Rights
Visitation rights are not connected to payment or nonpayment of support. Rather they are normally based on the best interests of the child. That is what contact has the parent or grandparent has had with the child.
In this case the father has the right to visitation. He could request visitation. It seems unlikely that he will do so at this late date.
The grandparents could have visitation based on their contact with the child. If you lived in their home and they had contact with the child on daily basis, their request for visitation would be given a great defernce. Many individuals would consider taking the child from the grandparent would be considered to be detrimental.
Your emphasis with the grandparents should not be what rights do they have but rather an agreement for continued contact with them to serve his best interests and satisfy them. Only if necessary should you be looking at their rights.
Any court action regarding custody or visitation is generally detrimental to the child, and should be avoided if possible.