Grandparents' rights in CA

[stealth2]

GML (aka GIMLET)

Gimlet!!!!! I thought we'd lost ya!

 

[LdiJ]

That is absolutely the case here. Is this something (grandparents trying to exert control) that is frequently seen and/or recognized in courts these days? Either way I want to maintain and protect whatever inherent rights I have, without appearing vindictive or unstable. I am extremely concerned that if I do not take some type of action, my inaction will negate my rights to oppose any kind of visitation before the matter could be heard before a Judge. I wish this would "blow over" but I think it unlikely. Would retaining counsel to draft a letter be an option, or seem overt and aggressive? I feel like I need a direction to move in.

I am answering this a little late and haven't seen what the other's have said, but here goes.

NO, you should not be doing anything at all. Inaction won't hurt your case, but action might.

 

[jenn tavares]

Thanks so much to all of you for your advice and suggestions. It is truly appreciated. I will be back when I have further questions.

 

[jenn tavares]

Grandparents rights in Ca

The situation as described previously has come up again. My mother has now retained an attorney, who has sent me a letter requesting bi-weekly dinners and an overnite every six weeks. The letter is written in a harrassing tone, and suggests signing a mutual agreement without my retaining counsel or waisting the expense of a court battle. Any suggestions? And please tell me, what is Troxel and where do I find it?

 

[LdiJ]

The situation as described previously has come up again. My mother has now retained an attorney, who has sent me a letter requesting bi-weekly dinners and an overnite every six weeks. The letter is written in a harrassing tone, and suggests signing a mutual agreement without my retaining counsel or waisting the expense of a court battle. Any suggestions? And please tell me, what is Troxel and where do I find it?

I suggest that you ignore the letter from the attorney. You absolutely SHOULD NOT come to an agreement on this. In third party visitation cases an agreement becomes a form of a contract, and is much harder to change down the road if there are problems.

If she gets any visitation you want it to be because a judge ordered it (against your will) rather than by an agreement.

Troxel vs Granville is a US Supreme Court case that was decided in June of 2000. It has set precendent all across the US....more heavily in some states than in others. Here is a link:

http://straylight.law.cornell.edu/supct/html/99-138.ZO.html

 

[jenn tavares]

Thanks for the info and the link LDJ. I have no interest in agreeing to any visitation whatsoever. Would you sugeest ignoring the letter received altogether, or responding stating such? Or would it be best to retain counsel to draft a response? Obviously, this issue won't die off on it's own, and my mother will push it further, I anticipate. I will read the Troxel transcripts thoroughly.

 

[LdiJ]

Thanks for the info and the link LDJ. I have no interest in agreeing to any visitation whatsoever. Would you sugeest ignoring the letter received altogether, or responding stating such? Or would it be best to retain counsel to draft a response? Obviously, this issue won't die off on it's own, and my mother will push it further, I anticipate. I will read the Troxel transcripts thoroughly.

My recommendation is to not respond at all....to ignore the letter completely.
Your mother may push it further by filing for visitation. If she does, THEN you need an attorney. However make sure you get one that will truly fight for your rights.

 

[jenn tavares]

Thanks again, LDij. I'll wait it out. Hard to do , but I will.