Legal Question in Family Law in California

I have sole custody of my 14 year old daughter..my ex is in prison where he will be for another 6 years..in our divorce he put that the grandmother shall be allowed reasonable visitation with our daughter at times as agrees between the grandmother and myself. .from what my daughter is saying and reading her text messages sent from her grandmother she is verbally abusive to her more so when she is drunk. My question is do i have to let her visit with the grandmother? Is there any way i can change it whats in the divorce ? And what rights does the grandmother have?


Asked on 6/12/11, 6:18 am

1 Answer from Attorneys
James Chau Law Offices James Chau

If you want to change custody/visitation, then you would need to file a motion with the court requesting a modification of the custody/visitation order. You can seek in that request that the grandmother be prevented or limited access to the child, but it would be something you would need to prove through evidence showing why the visitations would not be in the child's best interests. You should speak with the local family law facilitator in your courthouse to get the appropriate forms and information on how to file your motion.

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/

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Answered on 6/19/11, 8:13 pm


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