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Can someone please help

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Aprillfools

New member
I'm in California. Ok so this might be a bit long to explain but I will be as succinct as possible. I am the maternal grandmother in this case. My daughter has a son who is 7 years old and she lost custody when he was a little over 1 for fighting with me. The father was 15 when my grandson was born and when my daughter lost custody to him (and his mother) and so the paternal grandmother was the guardian of both her son and my grandson. Since then my daughter has had visitation every other weekend and since she doesn't drive (and they didn't get along too well) I have been the one doing the exchanges for visitation. It has been ok for the most part since then until last year. I need to mention that the travel for the visitation is 160 miles and that my grandson lives with the paternal grandmother but his father has moved back to the town that my daughter and i live in a few years ago (he has since had another son and he and his girlfriend live here) but they don't want us to know that he lives here so they haven't been very upfront with us about that. What's been happening since last year is that the paternal grandmother has been withholding visitation and has cut off communication with us for the most part. At one point it was about 7 months between visits and her reason for this is because she says that i fight with her. The exchanges for about 90% of them have been between her and I. I don't fight with her but I also don't just go along with her taking visitation without saying anything or just going along with what she wants. I've never yelled or called her names. But i have told her how i feel about her doing this to my daughter, grandson and me. Anyhow. we started to try to take them to court and were having an issue in serving the father because he is avoiding being served and they are not upfront about where he resides. There have been papers filed in both cities to try to have the order changed because as it stands it says "every other weekend" but does not specifically say which weekends. About a month and a half ago after trying to see my grandson and having the police go the the door to help we finally got to see him and have had a few visits on our weekends. but this week they didn't answer when we were trying to set up a pick up and they are not replying to messages. Like i said we have filed in both counties for the case and as it stands it's in limbo because of Covid and not being able to serve the father. I would like to know how to go forward from here. I don't want to fight with them but I'm also not going to just disappear just because she doesn't like me and seems to have put herself into the position of judge when it comes to my grandson. Do i try to refile for a change to the original order like we have or should I see about getting myself added to the case (as well as adding the other grandmother to the case). I just want to know what to do so this can be resolved and she can't pull this anymore. I should also mention that my daughter lives with and is dependent on me and my help. Thank you
 


stealth2

Under the Radar Member
Honestly? You have no dog in this fight. Your daughter is the one who needs to handle the legalities. Since the other grandmother is apparently the child's legal guardian, she likely needs to be named in anything your daughter files. I'd suggest she at least speak with a lawyer and also register for her own account here. Thank you for your understanding.
 

Zigner

Senior Member, Non-Attorney
Aprilfools, how old is your daughter?

Regardless of her age, and as was mentioned above, YOU are not a legal part of this matter. YOU don't get weekend visitation, your daughter does.
 

stealth2

Under the Radar Member
The father was 15 when my grandson was born and when my daughter lost custody to him (and his mother) and so the paternal grandmother was the guardian of both her son and my grandson.
This part confused me, @Ohiogal .... it seems to indicate his Mom is involved, legally speaking.
 

CdwJava

Senior Member
There are alternative modes of service if dad is dodging process service. You might consider hiring an attorney for your daughter to assist with the matter. I can only imagine that filing papers in TWO counties will do nothing but confuse the matter as the two courts will have to wrangle over who has jurisdiction. Likely the court where the current order exists will be the one of jurisdiction unless dad has moved out of that jurisdiction. (And the petitions or whatever are not filed in "cities" so much as in the Family Court division of the county's Superior Court.)

As for the date the "every other weekend" begins, that usually requires a manual check of a calendar beginning on the date of the order or the date the conditions go into effect. I have yet to see one in CA where it can't be figured out, but, I have not seen all 58 boilerplates, only a score or so.
 

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