Grandparent Visitation

[KellieKezerian]

What is the name of your state (only U.S. law)? California

I'm asking this on behalf of my mothers friend as she is currently sick with cancer and is not able to research this herself. She was in the hospital and thought to be dying, and her daughter stole $270,000 from her. She is afraid to file a suit because she believes her daughter will not allow her to see her grandchildren anymore. If she were to file a suit would she be able to receive grandparent visitation rights? If she wins would the parents be able to file an appeal, and how long could it take? I know it varies by case but any sort of time line would be helpful. She may not have much time left and I want to be sure her grandchildren are not kept from her for too long. Thanks in advance for any help.

Edit: She also has proof that her daughter is abusive to her and has threatened her through answering machine recordings, if that would help at all.

[TheGeekess]

Are the parents of these grandchildren married?

[TheGeekess]

[url=http://law.justia.com/california/codes/fam/3100-3105.html]CHAPTER 5. VISITATION RIGHTS - Sections 3100-3105 - California Family Code - California Code :: Justia[/url]

3104. (a) On petition to the court by a grandparent of a minor
child, the court may grant reasonable visitation rights to the
grandparent if the court does both of the following:
(1) Finds that there is a preexisting relationship between the
grandparent and the grandchild that has engendered a bond such that
visitation is in the best interest of the child.
(2) Balances the interest of the child in having visitation with
the grandparent against the right of the parents to exercise their
parental authority.
(b) A petition for visitation under this section may not be filed
while the natural or adoptive parents are married, unless one or more
of the following circumstances exist:
(1) The parents are currently living separately and apart on a
permanent or indefinite basis.
(2) One of the parents has been absent for more than one month
without the other spouse knowing the whereabouts of the absent
spouse.
(3) One of the parents joins in the petition with the
grandparents.
(4) The child is not residing with either parent.
At any time that a change of circumstances occurs such that none
of these circumstances exist, the parent or parents may move the
court to terminate grandparental visitation and the court shall grant
the termination.

[LdiJ]

Originally Posted by KellieKezerian

What is the name of your state (only U.S. law)? California

I'm asking this on behalf of my mothers friend as she is currently sick with cancer and is not able to research this herself. She was in the hospital and thought to be dying, and her daughter stole $270,000 from her. She is afraid to file a suit because she believes her daughter will not allow her to see her grandchildren anymore. If she were to file a suit would she be able to receive grandparent visitation rights? If she wins would the parents be able to file an appeal, and how long could it take? I know it varies by case but any sort of time line would be helpful. She may not have much time left and I want to be sure her grandchildren are not kept from her for too long. Thanks in advance for any help.

Edit: She also has proof that her daughter is abusive to her and has threatened her through answering machine recordings, if that would help at all.

To be honest, gpv cases take a long time, are very expensive, and are very emotionally draining and stressful, whether you are the grandparent or the parent. I would not encourage a grandparent with her state of health to pursue one...and yes, a parent could appeal any ruling at the trial court level.

However, at the same time, there is a special place in hell for children who steal from their sick or elderly parents. Is your mother's friend elderly? If so, someone could report her for elder abuse and that might get the ball rolling to get her money back. Does she have any other children?

Do you know how she stole the money? Are you absolutely certain that she stole it and wasn't making an effort to protect it, however poorly/illegally done?