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Grandparents Rights in California: How far do they reach?

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katlynq

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

(1) My question regards the rights of my husband's mother to have visitation for my (as yet unborn) daughter. He has decided to let me make the decision, and I have decided that because of her past drug use and current living situation (she allows copious amounts of alcohol and illegal substances in her house, smokes like a train, her house is infested with ****roaches, and she has two male pitbulls) and also her disrespectful attitude towards me and him (she lies about us to shared acquaintances and insults me in front of my husband) that I for don't want her to have any visitation. She then threatened me with a lawsuit for grandparents rights. Which strengthened my decision not to allow any visitation and thereby avoid giving her a leg to stand on in court. (The literature seems to indicate that if a grandparent can prove that cessation of visitation will harm a child, then the grandparent has more legal standing) She has a long history with CPS and I am not comfortable with her having anything to do with my baby.

My husband supports me, however, he is going to boot camp after my daughter is born and that's when she is threatening the lawsuit. This problem has caused me a lot of stress and anxiety and I want to know the what is the probability that she will win her suit. I want to know if I need to leave the state before she files, and I need to make some decisions so I can relax. Its not good for me to be so upset.

(2) Because she has threatened me with this lawsuit, I feel worried that she will attempt to try to just "show up" to see us, and possible harass us. She is quite belligerent. Is there any way to 'fire a pre-emptive strike' as a restraining order against her?

**Any information is welcome on these or any Grandparent visitation issue.
 


Proserpina

Senior Member
She has no bond with the child, no history of taking care of the child - nothing at all. I cannot see her being successful in a grandparent visitation suit.

It's entirely up to you and your husband whether or not you allow her to see the child, and even worse (for her - good for you!), you have an intact marriage which is a huge hurdle to overcome.

The courts are NOT fond of overriding the parents constitutional right to decide who is or isn't allowed contact with their own children.

Ignore her, let her blow smoke, and enjoy your pregnancy.

Please come back if you're actually served with something.
 

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