Legal Question in Family Law in California

My step daughters grandparent is seeking court ordered visitation. We are allowing monthly visits and weekly phone calls. Would she have any standing since she has frequent and continuing contact absent a court order. background info: mother has been absent for more than half a year and GP was denied grandparent visitation in the past.


Asked on 7/29/10, 4:58 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

This is an interesting question as grandparents have been successful over the past dozen years gaining court recognized visitation rights. If the mother, herself, has been absent as you say, there might be more sympathy for the GP. Courts want family visits so this might be considered a substitute for the absent mom. Ordinarily, it would be unusual for a GP to go to the trouble of seeking court relief when visits are ongoing and adequate. You have to ask: what more does GP want? Is this a step to be legally recognized in order to gain complete custody and control from you, a "mere" step parent? So, standing is possible depending upon all circumstances.

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Answered on 8/03/10, 7:31 pm


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