Legal Question in Family Law in California

Mother abruptly ends contact between Grandparents and Grandchild

Its been over 3 mo. since we have seen and/or heard from our 3 yr.old granddaughter. Since her (out of wedlock) birth, we have spent a considerable amount of quality family time with our Granddaughter. This was due, in part, to the close proximity in which we all live. In the nature of things,Our relationship with the mother(Phs. & Joint Custodial Parent) is (was) friendly and cordial. We've made numerous attempts to reach mother and granddaughter by phone.We,instead, leave messages inquiring about our Granddaughters' over all well-being,and messages to return our phone calls with the voicemail and answering machine connected with the mothers home and cell phones. The mother also, has ended communication ties between father (Joint custodial Parent)and daughter, reasoning no Child Support or lack there of to be her justification.(Seperate issue... Seperate battle) Feeling isolated from our granddaughters life,we have only the courts to turn to. Our son,is in agreement - petitioning the court for visitation - is our only option. Per CA. laws do we, as Grandparents have a ''Legal leg'' to stand on? If so, please inform us of the required legal forms needed to file for a petition,as such, and be heard before the courts.


Asked on 4/02/05, 11:45 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mother abruptly ends contact between Grandparents and Grandchild

Assuming that your son has court ordered visitation she is violating california law. He can take a certified copy of the visitation order to the district attorney's office and they should find her. They will then give her a chance to re-establish visitation or they will get a warrant for her arrest. If your son does not have a visitation order he needs to establish paternity and get a visitation order immediately. Courts do not take kindly to parents that hide a child from the other parent, especially over non payment of child support. He may be facing jail time for contempt if he has not paid court ordered support. Discuss the facts in your case with an attorney to protect your right to see your grandchild and to protect your son.

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Answered on 4/04/05, 12:22 pm


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