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Grandparent Visitation Rights in CA

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NORCALmom

Junior Member
What is the name of your state (only U.S. law)? CA

My husband had two children from a previous marriage when we met several years ago (their biological mother passed away when they were young). Since we have been together I have been raising the kids as my own and the kids consider me "mom," however legally I am their stepmother. We are currently almost done with the process of me legally adopting both children.

My husband's mother is verbally, physically, and emotionally abusive (she is mentally unstable and there is substance abuse involved). About two years ago we decided it was in the best interest of the children and the wellbeing of our family to cut her off from us, though communication was very little to begin with. Following us cutting her off, she proceeded to send harassing mail to us and our children on a weekly and more basis for almost a year when we decided to send a cease and desist letter. She halted sending harassing mail and then a few months later we received a letter from an attorney requesting we contact her to set up visitation with the children. The children are scared of her and therefore we did not agree to meet and continued to maintain zero contact with her.

This weekend we received a letter from the county court requiring us to meet with a "child custody recommending counselor" through the court. Attached was documentation regarding a mediation. I don't believe this means a suit was filed, but there is an open case now listed on the documents.

I have done some research on the state and county law websites and had read it to read that in our circumstance she did not have any rights to visitation or to force visitation. My question is around her rights and protecting our family and children. Does she have any rights for visitation? Can she force this issue? Have I misunderstood the law? How should I go about protecting our kids from this psychological harm, meaning keeping her from seeing them?

I am currently 9 1/2 months pregnant, so this has upset and scared me greatly and then some. My husband and I just want to raise our healthy and happy family in peace.

Thank you!
 


single317dad

Senior Member
Grandma has grounds for her lawsuit (it is, in fact, a lawsuit if a case number has been assigned). What she doesn't have is a snowball's chance in July in my personal opinion. CA law requires an existing bond between grandparent and grandchild which is in the child's best interest to preserve; it sounds like there's anything but that relationship here.

http://www.courts.ca.gov/17976.htm
 

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