Legal Question in Family Law in California
My husbands ex wife is mentally unstable and was awarded 4hour supervised visitation tue4pm-8pm, 4hour supervised visittion thur4pm-8pm and 3 7hour supervised visitations sat 1pm-7pm a month.. The supervision is his ex wifes parents. His ex wife admits to not being able to handle having her 3 and 5 year old for even the 4hours at times. His ex wifes new boyfriend admited in the custody trial to molesting a child and there is a no contact order on him. Also his ex wife has another child 8years old by another father the oder is the same for all children.. So far we have let the children in the last two weeks stay over night wed with the grandparents supervising in the grandparents home where normal visitation is. The grandarents informed us they were demanding granparents rights and it was going to be wed from 6pm to thursday to 6pm every week and saturday 8pm to sunday 4pm every other week. this over laps his exs wifes visitation. What rights do these grandparents have?
2 Answers from Attorneys
To clarify the prior answer. Grandparents have the right to petition the court for visitation under certain conditions. But generally, the custodial parent, under the circumstances stated in your question, may object to such visitation. The grandparents "demands" are out of place, but it sounds likely that it would be best for the children to continue to visit with the grandparents for some period of time, even if the mother is unable or unwilling to do so. However, absent a sucessful petition or an agreement, the grandparents have no right to visitation.
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