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Can a primary parent take away a grandparents visitation rights before having them removed from the court order?

Sacramento, CA |

My daughters grandmother has visitation rights with my 3 year old daughter on the weekends, and due to a substance abuse problem my daughters mother is only allowed to have supervised visits with my daughter when she in the possession of her grandmother. According to the court order my daughter is not to be left alone with her mother at any time. Her grandmother has not been complying with the court order and has allowed my daughter to spend time with her mother alone and unsupervised. I would like to have my daughters grandmothers visitation rights removed from the court order, but until I can do so, since I have full legal and physical custody of my daughter, can I keep her from going to her grandmothers on the weekends if I feel that she would be unsafe??

Attorney Answers 1


You hav e a proof problem. I dont think grandmother will come into court and say she doesn't supervise. In that case, it's just your word against sweet old grandmother's word and you will probably lose. So, you need to provide some evidence of unsupervised vitation. I don't know how you would get it except to hire an inmvestigator to follow mom and take pictures of her with the child, away from home, unsupervised. Until you can show such evidence I strongly suggest you follow court orders.
Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.

Thomas A Neil
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Sacramento, CA 95821
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1 comment

Edna Carroll Straus

Edna Carroll Straus


Mr Niel is correct. How is it that you know Mom and kid have been alone? How clear or reliable is the "reporting" of a three-year old? more to the point-- will Mom REALLY harm the child? Courts make all sorts of extreme orders to "protect" children, but these orders are not a true indication of what will IN FACT keep the child from harm. Judges are not psychologists and they have way too many cases to deal in nuance detail. some 730 evaluators are better--some are not. So why do you " feel that she would be unsafe?" Because some judge said so? Or has Mom actually ever done harm to the child? I realize that it is somewhat natural to feel indignation when someone fails to follow a court order, but almost no one really does follow them. If both Mom and Grandma are so evil, so dangerous, that they would harm that child you have worse problems then variations from the court order. And I assure you no court order has EVER been know to stop genuinely evil people from acting in evil ways. Family therapy seems a better solution. Good luck.

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