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

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. 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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. 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, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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