Legal Question in Family Law in California
I am petitioning the san diego family court for visitation with my grandson, yes i believe i meet the criteria for visitation. My question is this , should I only include the million reasons its in my grandsons best interest i should be granted visitation, or do i also include the pictures of abuse and a timeline calendar showing the dates pic were take immediatialy fallowed the visit with the dad?and at what point do i add the the pictures?I wont have to say much concerning them they speak for themselves.or do i bring all the ugly stuff up in meadeation?how would i summit audio recording into evidence, do i get it transcribed?
1 Answer from Attorneys
Your first hurdle to meet in a grandparent visitation case is to join the case as a third party. SInce typically only the father and mother are parties to the custody/visitation case. If you are seeking a guardianship then that is a different story, that is something that is done typically in probate court. As for what you should present at the hearing. Typically pictures and evidence would be placed in a declaration if you are succesful in joining the case as a third party. You could also bring them to the hearing and ask that the judge be allowed to view the evidence. The procedures for each court room are different. The judge may not allow evidence to be presented at the hearing that has not been filed previously. So in that case it may be safer to have the evidence presented early on so that everybody has notice of the evidence prior to the hearing.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/