Legal Question in Family Law in California

I need legal advice for my 17 year old son who recently had a baby with another student at his school? what are my rights as his mother, and as the grandmother of the child? Can I take them to court for legal visitation with the baby on behalf of my son and as the grandparent of the child? I also think that the family of the baby are immigrants and wanted to know our rights since my son and I are citizens of the U.S.

Denita Luper


Asked on 11/30/10, 5:06 pm

1 Answer from Attorneys

James Sanchez Law Office of James V. Sanchez

Your status as citizens over their immigrant status does not give any preference generally. The first step, assuming your son has not married the girl, will be to establish parentage for your son over the child. Once that is done, he can move for shared custody and child support for his child. One very important issue may be an order to insure that the baby is not taken out of the country. Trying to establish parentage in an international situation is extremely hard.

The child is very young, and it does not appear you are seeing the child, and therefore, as a grandmother, have not had a chance to build a significant relationship with the child. Therefore, the strongest case is custody and visitation rights through your son.

Seek out a competent family law attorney near you to get the ball rolling as soon as possible.

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Answered on 12/05/10, 8:25 pm


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