Legal Question in Family Law in California

My ex wife's mother is dying of cancer, and she wants to move my 2 children (15 & 10) to Hawaii, and care for her. I am torn because I understand that the girls need to see their grandmother before she passes, but I know if she leaves, she will not return. What should I do?


Asked on 8/12/10, 9:31 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

If you do believe there is a chance She will stay, I would not agree to it. I don't know if you have gone through something like this, but it will take everything your ex has, and she will have very little left over to give to them. They can go see their grandma before She gets too bad, but it wont be a pleasant memory once hospice gets involved. There is nothing stopping your ex from returning after her mom passes if you keep the kids in the meantime. Don't undervalue your position as father in your daughters' lives. You are more important in the lives of your daughters than a grandma who has lived quite a distance from them. I am not saying grandparents do not play an important role in children's lives, so please dont misunderstand me. If you have to make choices between having a father out of a child's life or a visit that would turn into a permament change, then that is my advice.

I understand you feel horrible about the situation with their Grandmother, and if you really want her to be able to take the girls, you could have an attorney write out an agreement That it is to be temporary and they must be returned after grandma passes, but you could incur legal costs to enforce it if she doesn't honor the agreement. I am sorry for your family's misfortune.

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Answered on 8/17/10, 10:13 am


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