Is this legal?

[TRS0430]

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

If anyone knows case law or the codes I could study about this I would appreciate it. I currently have an appeal pending because of a series of very bad rulings in my case. This one question though I am not sure about and would appreciate any input.

Is it legal for a grandparent to get visitation without petitioning the court or doing a joinder? My child's former attorney had an affection (and so did the judge) for my ex's father. I was taken to court (I had sole legal and physical custody) by the child's attorney for modification. I was not put on any notice that the grandfather was asking for visitation (no joinder or petition) however the child's attorney did "mention" that the grandfather had certain days of the year that he would like to see my kids. At this hearing the judge refused to take testimony or hear evidence of anything (even though he knew I had 20 witnesses there and two on court call) When the order was sent out it had several days of the year allocated for grandparent visitation and this was a total shock to me. I have found the family law code regarding petitioning..... but this was not a petition..... I also found a website that did not name any code or case but said the grandparent had to formally do a joinder and both parents had to be served... I just cant find anything on point about this, heck I cant even find anything remotely like this

 

[Hot Topic]

The question isn't codes or joinders, it's why you're representing yourself. You obviously don't know what you're doing, because if you did, you wouldn't have to ask us. Because you don't know the law, it has largely created your "everyone is out to get me" mentality.

Get a lawyer.

 

[CourtClerk]

The question isn't codes or joinders, it's why you're representing yourself. You obviously don't know what you're doing, because if you did, you wouldn't have to ask us. Because you don't know the law, it has largely created your "everyone is out to get me" mentality.

Get a lawyer.

I would definitely have to agree with you Hot Topic. However, to settle the OP's mind and the 3982739827304982734097 threads he/she is going to start on this same subject, look at this:

The court upon its own motion may, and upon motion of any
party shall, make such orders as appear appropriate:
(a) For joinder of such additional parties as are necessary or
proper.

I can lead you to a whole lot of CA code on joinders, but again, you don't know what you're doing, and it seems you're looking for a conspiracy theory instead.

Now, can you please stop starting all these threads?

 

[TRS0430]

Thanks for your responses. I understand that any party or the judge may make a motion for joinder etc., however there was NOT a motion for joinder. Could you please give me the exact code on that because I would like to do some research on it?

By the way the modification motion was not about gpa's visitation...... it was about my ex's visitation.

And although I do not agree with either of your opinions about my mentality (although I understand why someone who did not know the details of my case would deduce this) other than the fact that I SHOULD be represented! It is another story as to why I am no longer represented that I am not going to get into here. I did not come here asking questions in order to have to write a 50 page brief in order to present my case to you so that I would have the right to ask simple questions without presumptions and ridicule.

 

[CourtClerk]

Thanks for your responses. I understand that any party or the judge may make a motion for joinder etc

You missed:

The court upon its own motion

Now, enough with all the threads. If you are going to be representing yourself, for whatever reason, then you better learn to do research. I gave you the exact wording of the code... go with it.

 

[TRS0430]

Just to make sure I understand what you are saying CC:

The judge can just write it into the order without giving the parties notice or oportunity to object or present evidence or without even mentioning it in open court?

 

[Hot Topic]

CountyClerk is too smart to be lured into doing your research for you, poster, since I suspect that CountyClerk knows that you will ask question after question after question, then blame CountyClerk should the judge rule in the other side's favor. Perhaps you'll accuse CountyClerk of being part of the "conspiracy" against you.

If you're hoping that some attorney will read these posts and offer to take your case for free, you're probably out of luck. For some of them, the fact that you no longer have legal representation may raise a red flag, especially since you think "the child's" attorney and the judge were prejudiced against you.

 

[CourtClerk]

CountyClerk is too smart to be lured into doing your research for you,

Court.... CourtClerk, but yes I am way too smart for that.

poster, since I suspect that CountyClerk knows that you will ask question after question after question, then blame CountyClerk should the judge rule in the other side's favor. Perhaps you'll accuse CountyClerk of being part of the "conspiracy" against you.

Court, Court, CourtClerk... LOL, but no, I will not be answering question after question after question upon question. Now, I've been accused of being part of quite a bit of courtroom conspiracies, so I could care less if this person accused me of being part of theirs. Won't change a darn thing. The only thing I can influence my judge to do is eat eggs instead of pancakes for breakfast (sometimes).

However, I will say this to the OP...

If you are looking in the family code for the law regarding joinders... you're looking in the wrong spot. That ought to narrow it down a little.

 

[TRS0430]

You two are just too funny! You really are in your own little made up world! And now you have imagined that I am accusing you of being in a conspiracy against me!? Or that I am looking HERE for a FREE attorney?? LOL!! And just because I ask a simple question! I seriously doubt I will ever ask another question in Grandparents Rights again! Thankfully I can get answers in other groups! By the way I ask questions in the evening or on Sundays when the law library is not open and the questions occur to me while studying other things related to my case, when all else fails and the library is closed I ask here. Sorry to bother you!