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CA. Grandma visitation rights

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G

Gamakiss

Guest
I have two grandchildren, 5 & 7 with my 31 year old daughter. She is an alcholic and is in an abusive relationship with her fiance. She and the children's father, lost their children to DCFS in May, 1997. She was able to do what the Court required and regained custody in Dec. 1998. Their father, unfortunately, did not comply with the requisite drug testing program. The final disposition of the Family Court was to give the children to my daughter, and allow monitored 2 hours a week visits for my son-in-law. They have since divorced. She does not allow her ex-husband to see the children, at all. Reason: she suspects that he is still using drugs. And she does, however, continue to drink. I have become reacquainted with my ex son-in-law in the last two months and he is an entirely different person. He became a born again Christian about 8 months ago, and has totally cleaned up his act. He misses his children like crazy and makes regular child support payments of $600/month. BUT, she still will not allow him access to his children. In their divorce decree, which he signed unfortunately (to get her off his back), it is stated "No visitation". He has been told by an attornye that to get this changed is difficult because of the family law court order. Her fiance has admitted to me that he has recently used drugs himself, methamphetamines and that he has hit her. She has bruises all the time. They have violent arguments which spill out into the carport areas. The police have been called on numerous occasions and the apartment managers have warned them also. Since my daughter will not press charges and always comes up with a story about the bruises, the police say they can do nothing. We even called DCFS again. My daughter was forced to drug test, again, for 2 weeks.... but she does not DO drugs, she only drinks and they don't test for alcohol. Of course, she was clean, so DCFS said they could do nothing. Now, of course, she will not allow me to see my grandchildren either and is threatening to move out of state. My ex son-in-law and I are desperate that these children not be allowed to go with her. While there has been no physical violence directed AT them, we both feel that it is only a matter of time. And, the emotional abuse they are suffering is unspeakable.

Can we file a temporary injunction to prevent her from removing them from the state?

Can I file for legal visitation rights?

My son-in-law has already paid an attorney a $2500 retainer and has not been to Court one time. And now, the Attorney wants another $1750. Can we file something on my son-in-laws behalf that would force my daughter into Court for a different custody and visitation agreement?

We are not wealthy people, but we are persistent and want what is best for the children. And, the situation they are in, at present, is NOT what is best for them.
 



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