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Is it legal for a family member to stop contact between a grandchild and her grandmother without a restraining order?

Santa Clara, CA |
Filed under: Family law

My moms sister ( Aunt) and my Grandmothers sister ( Aunt ) have made me lose contact with my grandmother. To be more specific, they refuse to let me talk to my grandmother. They do not have a restraining order. Since this incident has happened, it has caused me emotional distress, and depression

Attorney Answers 5

  1. Your grandmother can file for visitation rights in your local family court.

    See the included link below.

    Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.

  2. I agree with counsel, your grandmother can ask for visitation. This can be a tricky issue. Your grandmother should seek the help of a CA family law attorney.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

  3. Both attorney's provide excellent advice to you.
    One other thing, you sound fairly sophisticated, and as though you are at least a teenager, probably an older teenager, or a young adult.
    If you want to visit with your Grandmother, there is mothing your aunt can do to stop you.
    If they are deliberately isolating your Grandmother, you can call Elder Protective Services, and that agency can step in and help.
    You may want to warn your aunt, that this is what you will do if they continue to deny you access. This warning, in and of itself, may be enough to cause them to back down and be reasonable with you. Also, if they have a conservatorship over her, you can petition the probate court to allow visiation. The Court views this, as the more people that are concerned about your Grandmother and watching out for her, the better off she is.
    Happy New Year, and Best of luck to you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.

  4. You do not state how old you are. If you are over the age of 16 then you may contact your grandmother directly.

  5. You do not indicate your age, however, if you are 18 you can probably do whatever you want to do. If you’re a minor, your parents would have the legal technical ability to not allow your grandmother visitation. The court will do what is in the best interest of the child, but unless one of the natural parents supports the visitation order of the grandparents, it is a difficult road for the grandparent to force the visitation in court. If you have really strange and unusual goofy facts involved, it might be a good thing for your grandmother to go before the court and at least have the intervention of a third party mediator and judge, and perhaps even a referral to a therapist for resolution of issues between the parties, for the benefit of the child.

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