• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Grandparents rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Crazysister

Junior Member
What are the chances of winning grandparents visitation rights. Should we get a lawyer???
We live in California.
My older sister is crazy, and she is not allowing my mother (the Childrens Grandmother) see the children anymore. In complete honesty my mother is the most stable thing the children have. If my mother takes her to court for visitation rights, what are the chances of her getting visitation rights?
Here are some facts:
My sister is unmarried
My sister has three children from two different people. The father of the youngest child, was murdered 5 years ago and the father of the other two children has never been active in the children’s lives.
My sister has a record. She does not work. She has had CPS called on her numerous times. She has a warrant out for her arrest. Has a history of drug abuse.
Her live-in boyfriend (who also does not work) has a prison record and has 4 children, three of which he does not see.
They live from place to place to place.
All three of the children are emotionally attached to my Mother (their grandmother)
My mother (their grandmother) has a clean record, outstanding citizen. She is wonderful both on paper and in life.
You might be wondering why my crazy sister won’t allow my Mother to see the children anymore.
In a Nut Shell- My Mother was enabling my older sister for 9 years for the sake of the children. She even bought her a house. My sister failed to pay the mortgage which was extremely discounted. My mother eventually had to kick her out because my sister just would not pay any rent and neither her or her boyfriend would work, (instead they would hot box the children, smoking weed all day). She owes my Mom over twenty grand, but we have come to terms with the fact that my mother will never see it, she just wants to see the kids.)
 


ecmst12

Senior Member
Parents have the EXCLUSIVE right to decide who gets to spend time with their children. Even imperfect parents (which is all of them). If your mother has at least $10k that she can think of no better use for, and is willing to risk NEVER seeing any of them again if she loses, she could certainly file for something based on having a strong relationship with the grandchildren, but the burden of proving that severing the relationship will harm the children is high. Her chances of winning are low and her legal fees will be astronomical and she will ruin any chance of reconciling with her daughter, but that's her choice.
 
Last edited by a moderator:

latigo

Senior Member
Parents have the EXCLUSIVE right to decide who gets to spend time with their children. Even imperfect parents (which is all of them). If your mother has at least $10k that she can think of no better use for, and is willing to risk NEVER seeing any of them again if she loses, she could certainly file for something based on having a strong relationship with the grandchildren, but the burden of proving that severing the relationship will harm the children is high. Her chances of winning are low and her legal fees will be astronomical and she will ruin any chance of reconciling with her daughter, but that's her choice.

We are speaking about the home state of California are we not? So please tell us what law from that state warrants the following remarks:

Parents have the EXCLUSIVE right to decide who gets to spend time with their children.

. . . . she could . . . . file for something based on having a strong relationship with the grandchildren, but the burden of proving that severing the relationship will harm the children is high.

What you appear to be doing here, in a somewhat parasitic fashion, is confusing California’s laws on the rights of access of a grandparent and the corresponding burden of proof to those of the State of Texas.

And I suspect that you’ve read neither and certainly not California law because in the latter there is a specific statute declaring that the fundamental rights of parents – of which you speak – are not exclusive!

California Family Code Section 3105. (a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of his or her children, while compelling, IS NOT ABSOLUTE. * * * * (Emphasis mine)
___________________

Moreover, under California law the evidentiary presumption that the parental choice of denying grandparent access is in the best interests of the children arises ONLY when BOTH parents so decide.

And the grandparent’s burden of proof to overcome that presumption is confined solely to the issue of the children’s best interests. (Cal Family Code Section 3104 (5) (e)

And not as you have incorrectly guessed - to show that the absence of such visitation will cause detriment to the children’s physically and mental wellbeing!
 
Last edited:

LdiJ

Senior Member
We are speaking about the home state of California are we not? So please tell us what law from that state warrants the following remarks:





What you appear to be doing here, in a somewhat parasitic fashion, is confusing California’s laws on the rights of access of a grandparent and the corresponding burden of proof to those of the State of Texas.

And I suspect that you’ve read neither and certainly not California law because in the latter there is a specific statute declaring that the fundamental rights of parents – of which you speak – are not exclusive!


___________________

Moreover, under California law the evidentiary presumption that the parental choice of denying grandparent access is in the best interests of the children arises ONLY when BOTH parents so decide.

And the grandparent’s burden of proof to overcome that presumption is confined solely to the issue of the children’s best interests. (Cal Family Code Section 3104 (5) (e)

And not as you have incorrectly guessed - to show that the absence of such visitation will cause detriment to the children’s physically and mental wellbeing!

Re the bolded...that assumes the child has two parents.

You also might want to read some CA case law on the subject. There is quite a bit of it.
 

ecmst12

Senior Member
The supreme court decided that parents have the right to determine who gets to spend time with their children. I did not look up CA's specific stance on the matter, and yes, some states are easier for grandparents to sue their children than others. Without a court order, mom absolutely can completely cut grandma and auntie out of their lives. And grandma would absolutely need a lot of money and several years of going through the court process to even think about getting court ordered visitation. The specifics don't even matter that much if grandma is not independently wealthy AND willing to alienate her daughter.
 

LdiJ

Senior Member
The supreme court decided that parents have the right to determine who gets to spend time with their children. I did not look up CA's specific stance on the matter, and yes, some states are easier for grandparents to sue their children than others. Without a court order, mom absolutely can completely cut grandma and auntie out of their lives. And grandma would absolutely need a lot of money and several years of going through the court process to even think about getting court ordered visitation. The specifics don't even matter that much if grandma is not independently wealthy AND willing to alienate her daughter.

You are completely right ecmst12.
 

LdiJ

Senior Member
We are speaking about the home state of California are we not? So please tell us what law from that state warrants the following remarks:





What you appear to be doing here, in a somewhat parasitic fashion, is confusing California’s laws on the rights of access of a grandparent and the corresponding burden of proof to those of the State of Texas.

And I suspect that you’ve read neither and certainly not California law because in the latter there is a specific statute declaring that the fundamental rights of parents – of which you speak – are not exclusive!


___________________

Moreover, under California law the evidentiary presumption that the parental choice of denying grandparent access is in the best interests of the children arises ONLY when BOTH parents so decide.

And the grandparent’s burden of proof to overcome that presumption is confined solely to the issue of the children’s best interests. (Cal Family Code Section 3104 (5) (e)

And not as you have incorrectly guessed - to show that the absence of such visitation will cause detriment to the children’s physically and mental wellbeing!

Also, lets quote the entire code section so that its not taken out of context:

(a) The Legislature finds and declares that a parent's
fundamental right to provide for the care, custody, companionship,
and management of his or her children, while compelling, is not
absolute. Children have a fundamental right to maintain healthy,
stable relationships with a person who has served in a significant,
judicially approved parental role.
(b) The court may grant reasonable visitation rights to a person
who previously served as the legal guardian of a child, if visitation
is determined to be in the best interest of the minor child.
(c) In the absence of a court order granting or denying visitation
between a former legal guardian and his or her former minor ward,
and if a dependency proceeding is not pending, a former legal
guardian may maintain an independent action for visitation with his
or her former minor ward. If the child does not have at least one
living parent, visitation shall not be determined in a proceeding
under the Family Code, but shall instead be determined in a
guardianship proceeding which may be initiated for that purpose.

Apparently this section has to do with for legal guardians obtaining visitation.
 

ecmst12

Senior Member
And since it does not appear that grandma ever had legal guardianship of these children, the entire section does not apply to this situation EVEN A LITTLE BIT.
 

Lixim

Member
Well, if you take your sister to court for grandparents rights then wouldn't she be arrested if she has a warrant? If your mother wants custody of the kids then it might be something to fight for, but you have to consider all angles. Is there anything your mother could have done that caused your sister not to want her to see the children?
 

CSO286

Senior Member
Well, if you take your sister to court for grandparents rights then wouldn't she be arrested if she has a warrant? If your mother wants custody of the kids then it might be something to fight for, but you have to consider all angles. Is there anything your mother could have done that caused your sister not to want her to see the children?

Stop necroposting. This thread is from last year.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top