Grandparents Rights in Ca.

[law4life]

I would like to know if mu husbands mother will be able to have grandparents rights when we depart over seas. The kids mother does not allow them to see or speak to her what so ever. any advise would be greatly appreciated

 

[army judge]

I would like to know if mu husbands mother will be able to have grandparents rights when we depart over seas. The kids mother does not allow them to see or speak to her what so ever. any advise would be greatly appreciated

Grandparents have varying levels of rights, as regards their grandchildren in the USA.

I am unfamiliar with grandparent rights in other countries.

You should seek the counsel of a licensed attorney in the country you are visiting.

Some countries do grant grandparents more rights than they receive in the USA!

Here are some general proivisons about grandparent rights in CA:

California - like every other state -- has a grandparent visitation law: Under the law, courts can order that grandparents be permitted to visit their grandchildren, even if the children's parents object. Recently, in the case of Butler v. Harris, the California Supreme Court upheld the law against a constitutional challenge.

Butler was decided in the shadow of a very similar 2000 decision by the U.S. Supreme Court, Troxel v. Granville. There, the Court struck down, as unconstitutional, an order granting visitation to grandparents over the objection of the children's mother.

The Court found the state's visitation statute "breathtakingly broad." It also found fault with the court order itself - holding it invalid because it failed to sufficiently defer to the constitutionally protected right of parental autonomy.

Given Troxel, shouldn't the California case have come out the other way - with the parents, not the grandparents, winning? As I will explain, that depends on how you read Troxel.

http://writ.news.findlaw.com/grossman/20040903.html

http://www.enotes.com/everyday-law-encyclopedia/grandparents-rights

http://www.californiafamilylawblog.com/grandparent_visitation_custody/

California grandparents cannot file for visitation rights while the child's parents are married, unless specific conditions are met. These condictions include the following: the parents are living separately, a parent's whereabouts are unknown for a month or more, the child has been adopted by a stepparent or the child does not live with either parent. In addition, a grandparent may petition for rights if joined in that petition by one of the parents.

Visitation rights are based on a pre-existing relationship that has "engendered a bond." The court is also directed to balance the interest of the child with the parents' rights and authority to make decisions about the child.

In 2007 the California laws were amended so that grandparents do not lose their rights if a stepparent adopts their grandchild.

http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_California.htm

 

[irish223]

I would like to know if mu husbands mother will be able to have grandparents rights when we depart over seas. The kids mother does not allow them to see or speak to her what so ever. any advise would be greatly appreciated

If the child and grandparent live in California (and the current order was issued in CA), then your husband and his mother can request a modification of his visitation order to allow his mother to use his time during his absence.

Is your husband in the military? If so, there is a bill before the CA Senate, AB2416, that specifically addresses this, and will make it easier for members of the military to protect their own visitation/custody rights during their deployments.

 

[law4life]

If the child and grandparent live in California (and the current order was issued in CA), then your husband and his mother can request a modification of his visitation order to allow his mother to use his time during his absence.

Is your husband in the military? If so, there is a bill before the CA Senate, AB2416, that specifically addresses this, and will make it easier for members of the military to protect their own visitation/custody rights during their deployments.

Yes mu husband is in the Military however, their divorce was finalized in Northern Nv. not Ca. So my question is will my husband or his mother have to file for grandparents rights here in ca?

 

[irish223]

Yes mu husband is in the Military however, their divorce was finalized in Northern Nv. not Ca. So my question is will my husband or his mother have to file for grandparents rights here in ca?

Since the children have been in CA long enough to establish residency (I assume), I believe they can file in CA.

Really, though, your husband needs to consult an attorney, and the sooner the better. I don't think he'll be able to do this without one in 3 months.