I will be moving out of the country. Grandmother is petitioning for visitation. We live in CA at the moment. I have been offering her visits once a week for two hours. She has not been denied any visitation and she is filing under family code 3102. The child's father is deceased. I have since married and we both would like to terminate her rights to visitation. She was aware of the move in March when we got married and we offered her visits once we move as well to maintain contact. She filed in June and we are to leave in August. At trial hearing, judge imposed overnights visits which I objected to. Is that not infringing on my rights to due process?
Family Law Attorney
No. It's not infringing on your rights to due process since you had a hearing as to this issue. The Judge decides whether to grant a visitation request, not a litigant. I think that you're mixing up your terminology. May I make a suggestion: it doesn't sound like you know what you're doing in terms of handling courtwork. That's not unusual if you're not a lawyer. Hire a lawyer to review your case and advise you as to how to proceed.
2 lawyers agree
Divorce / Separation Lawyer
Although that is not a denial of your rights to due process, as you had a right to be heard, it may impinge other rights to parent as you see fit. A question is, once you move, who will pay for the transportation of your child. That is an even bigger question. You may have a basis for an appeal, but, you need to be sure to file that timely. But, if the judge ordered the grandparents to pay for all transportation in order to see their grandchild, then you most likely will NOT have a basis for an appeal. I would highly suggest that you IMMEDIATELY speak with an attorney who handles family law appeals. Good luck!
Yo9r question is a little confusing. Did the judge order overnight visits that are to somehow continue after you leave the country? Or are the visits to contunue only through August?
Please see my website at www.CaliforniaFamilyAppeals.com and contact my office if your would like to consult about your potential appeal rights,.
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Child Support Lawyer
I am very sorry for your loss, but it’s good you have found a new partner to begin again. It is difficult for your former in-laws to let go, because let’s face it; the grandchildren are all they have left of their son.
Grandparent visitation is a relatively new area of the law. The short version is, if the parents of the deceased parent (here the paternal grandparents) want court ordered visitation and the surviving natural mother objects, and then the grandparents must prove either they are the emotional equivalent of parents to the children or Mom is unfit. This is a very high burden.
Assuming you are a good parent and your new husband is a nice guy you may be in the situation where the law is on your side but the sympathies are on Grandma’s. This is one of the few times when I would advise you to RUN not walk to a family law specialist who has experience in these matters. There is a real danger the court –with the best of intentions- could make an erroneous ruling requiring you to file an appeal before you can move on with your life. Appeals are expensive – avoid this if you can.
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