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Can I get a restraining order on a grandparent who is suspected of using heroin (again) to stay away from my grandchild?

Riverside, CA |

I was told by a third party that the grandparent was sold some recently. Also the grandchild's mother was allegedly doing the following drugs: Molly, ecstasy and marijuana. The child is with the mother and the father is up for false domestic violence charges. There is a domestic violence criminal restraining order on the father and the bottom line, it is all about her getting full custody of my grandchild. I want to file a restraining order on both mother and grandmother & get temporary, if not full custody of my grandchild ASAP.

Attorney Answers 3


  1. Grandparent rights laws are very tricky and you must have significant evidence to be able to take custody away from a parent, I have recently had a grandparent rights case and the laws are very clear and difficult for the grandparent. It sounds like there is a lot going on so I would recommend that you speak to an attorney about the circumstances and see if you have grounds to get the restraining order and custody.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.


  2. you need to go into dependency court, or even maybe family court, to terminate parental rights of the other parties and obtain full parental rights. This is going to be a difficult road. I would hire counsel. You cannot file a RO. I would contact DCFS for help.

    Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 818-647-1152. Please be advised that although Ms. Atighechi is an attorney, the comments posted does not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.


  3. I agree with my colleagues here - the road will be difficult for a grandparent in these circumstances. Not every problem can be dealt with in a legal manner, so you might want to consider other alternatives. If you change your perspective and become helpful to the mother and maternal grandmother rather than try to fight them, you might find yourself "babysitting" more often. This may allow you to help keep the kids as safe as you can, while still maintaining some contact. If you go the legal route they will likely cut off all contact with you and you will lose out on your grandchildren, at least until the father can work out the "false domestic violence charges". You should consider all the pros and cons of any given strategy, and you should have an experienced attorney to help you with that - before you do anything.

    The information provided is general in nature and should not be considered as legal advice. Shannon Richards is licensed to practice only in California. No answers provided shall constitute and attorney-client relationship. No attorney-client relationship is formed unless and until a potential client contacts the office, meets with Ms. Richards and executes a written fee agreement. Law & Mediation Office of Shannon Richards www.napafamilylaw.com

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