Legal Question in Family Law in California

My mother in law is trying to get Grandparents Rights of my 4yr old I am happily married but she is intrusuve and dosent know her place and is threating to take me to court. I admit I dont get along with her but I do allow my husband to take my son to visit. I dont want a forced visitation plan, my son loves his grama and I would never take away that relationship but she is going to far.


Asked on 9/11/11, 8:58 pm

2 Answers from Attorneys

Patricia Vanharen Law Office of Patricia C. Van Haren

California courts do not allow for grandparent visitation without the consent of the parents. There are very limited rights for grandparents to obtain visitation. One of the requirements is that one of the parents must be dead or have no custody of the children. Since your husband and you are happily married the courts will not allow visitation and they will respect your parental authority should you state that the grandmother is not allowed to see the child at all.

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Answered on 9/11/11, 10:18 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

If the grandmother is alleging that the child is in a dangerous environment, she could try to file a petition for guardianship. Know what her claims are before you assume she has no standing to make this request!

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Answered on 9/13/11, 8:00 am


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