How do I get rid of a grandparents visitation order? Please help!!

Asked 10 months ago - Los Angeles, CA

My wife and I are looking for legal advise/ representation on how to rid ourselves of a grandparent visitation court order.

Here's the shake down:

-My wife and I have full legal custody of two young minor children. I am the biological father, my wife is the adoptive mother.

-Biological mother is deceased.

-I granted a grandparent visitation court order to the biological grandparents (biological mother's parents) before my wife adopted the children.

-We are planning on relocating out of the United States in January 2014.

The whole situation is frustrating to my wife and I as we are trying to start a new life and build a foundation for our young family, yet the bio-grandparents are telling the children about the biological mother against our will, such as how she died, showing photo and video footage of her (and me) when she was pregnant, etc., and our children are coming home after visitation and telling my wife that she is not their mother, etc. The bio-grandparents contact us multiple times a month, overstepping their bounds by telling us things such as that they are researching schools for our children to go to, how much time they think we should be having our children in preschool/ daycare, that they WILL tell our children about the biological mother, etc. We feel like we are being rude if we do not reply to these people and that we need to be accountable to them. We are not in a position to spend thousands of dollars on this matter (and it frustrates me to think that I have to spend ANYTHING to defend my ability to parent and for my kids to see whom I choose for them to see), and the biological grandparents have money and will spend it if need be. SO...WE NEED VERY AFFORDABLE YET COMPETENT LEGAL REPRESENTATION.

If you feel for our situation, please reach out to us so we can further discuss the matter.

Attorney answers (4)

  1. Edna Carroll Straus

    Contributor Level 19

    2

    Lawyers agree

    Answered . I agree your situation sounds very frustrating. I also know that it seems so all attorneys are greedy a d self servicing.

    the problem with entering into any litigation is that there is no way that one side can control the amount of work that is done, the number of course required, or anything else that might keep the fees down.

    For what it is worth, I trust stephen cohen who is on avvol and is an LA attorney.

    Goid luck.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more
  2. Tobie Brina Waxman

    Contributor Level 18

    2

    Lawyers agree

    Answered . In terms of affordability, most lawyers here on AVVO have their fee information posted on their profiles. Look around. Good luck. p.s. you have legal custody. You therefore have the right to move wherever you want without the grandparent's permission. Do you share physical custody with the grandparents or are their rights limited to visitation. You might not fully understand what is meant by "legal custody". Most lawyers offer initial consultations free of charge.

    For more information or more personalized attention, please contact my office at (310) 410-9902 or visit my firm's... more
  3. Judith Ann Routledge

    Contributor Level 13

    2

    Lawyers agree

    Answered . First, you need to stop feeling that you need to be either polite or accountable to them because they obviously lack those qualities toward you. Second, you need to file a "Request for Order' for termination of visitation for GPs based on "change in circumstance" that includes a declaration explaining the conduct of the GPs and that it is not "in the best interest of the children." You have a strong case and if you go to the self-help center at the courthouse, they will help you complete the paperwork. You obviously would be better served with legal representation but this is an alternative to at least get started...

  4. Robert Andrew Michael Burns

    Contributor Level 17

    2

    Lawyers agree

    Answered . I believe that you need very affordable yet competent behavior. Lawyers did not create your situation. Your post is incomplete.

    I firmly believe that your children have a fundamental right to know of their biological mother whose relationship was terminated only by death, and am bothered by any intimation to the contrary. But, how and when that information is divulged might be much different than the maternal grandparents wish or than you wish; if you can't negotiate an agreement, you might hire for the children a therapist to recommend a course of action which might be the foundation for a Court order addressing this issue.

    Once you relocate out of the U.S.A., how much of a problem can the maternal grandparents be?

    Why did your wife adopt your children? Death of their mother isn't a reason.

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