Legal Question in Family Law in California
I have a question about grandparents rights. I want to see my grandchild so badly even if its a visit once a month. Due to the fact that my daughter is not on speaking terms with me, she refuses to let me see my grandchild. I told her I will try to go get legal visitation and she says she will claim that 1. I abuse the child and 2. that her father (my husband) molested the child! These are completely false accusations. I am willing to get a lawyer. I also have affidavits that my other daughter is willing to write to contest that she is making false accusations. However I am scared that if I go to court that I will legally never see my granddaughter forever. Many family members are telling me you shouldnt open this 'can of worms' because she is making serious false accusations.
My daughter's legal story is she has custody of my grandchild, there is an open case out. The biological father of the child is not allowed to see the child (restraining order) but she lets the child go over to the paternal grandmothers house every weekend. My daughter was arrested for assault on another person and has a DUI, she has a criminal record. I have also found drug paraphernalia in her house. I am explaining her history because Im wondering if this would help my case if she uses the false accusations on me.
I dont mind seeing the child even once a month. I dont mind taking a polygraph to prove that we would never harm this child. I am also willing to bring witnesses on the stand and get the CPS involved.
2 Answers from Attorneys
I am sorry, but grandparents have no rights when it comes to their grandchildren. The only ones with any rights are the parents. The only thing you can do is try to heal the rift between the two of you. Bringing any suit will guarantee she will never let you see your grandchild.
The only thing you could do is seek to have the child taken away from your daughter and you appointed the child's guardian. It doesn't really sound like your daughter's problems are serious enough that you would win that fight, and it would most certainly destroy your relationship with her forever.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
