Rights as the legal father...if my sons Grandma has permanent. Guardianship .. do I have the right to file for joint custody

Asked over 3 years ago - Gilroy, CA

Im going for more visitation but my sons grandma is difficult... so I'd like to know what rights I have..I never signed my rights over..my sons mother did.. so do I have rights over his schooling

Attorney answers (2)

  1. Christine C McCall


    Contributor Level 20

    Answered . As the father of the minor you always have the right to go back to court and seek a modification of any orders already in place, to seek an order specifying visitation if there is no existing order that specifies visitation rights, and even to amend or terminate the guardianship based on changed circumstances. It is very likely that you need an attorney for this. The guardianship makes it somewhat more complicated than otherwise.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Eliz C A Johnson

    Contributor Level 17

    Answered . Yes, you can go in to modify an existing order. Did your Wife have full custody though? If so, what were the reasons behind that. If all you want is visitation and the Grandmother will not allow it, you can petition the court to allow it. If there are reasons she is not allowing it that are not listed here, you need to be ready to address those in court.

    Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville,... more

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