Can a 14 yr old request to live with their Grandma? 3 Answers as of June 14, 2011

My grandson will be 14 in Sept. & lives with his mom. My son, lost physical custody 5 years ago. Due to a prior legal issue, Mom is holding the strings and won't allow visitation without me paying for all of his expenses (including medical/all clothes/tutors etc.) Now she refuses to allow me to see him s see him unless I fix her car. I fear he is getting emotionally beaten up during all these times of unrest. He lived with me for approximately 6 years due to her drug addictions. Is there anything I can do? Please help!

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Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes, you can file a motion with the court requesting grandparent visitation. When there is a relationship history between a grandparent and grandson, a court will usually fashion orders to maintain that relationship. Also, judges frown on parents that negotiate a child's grandparent timeshare in exchange for money. I.e., holding a child's relationship with a grandparent hostage for ransom is not well received by the court. It would be best to contact a local family law lawyer for assistance with filing your motion.
Answer Applies to: California
Replied: 6/14/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You can seek guardianship for your grandson if his mother and/or father are incapable for caring for him properly, but your grandson doesn't get to simply chose who he lives with. You can also seek grandparent visitation, but that is a difficult route to take.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You may seek a guardianship over your grandson. However you would need to establish that (1) a guardianship is necessary and (2) that it is in the best interests of the child. Since courts are reluctant to go against the wishes of the parents, you would need the consent of your son and you would need to establish that the mother is unable to care for the child. You should seek the assistance of an attorney as these matters can be complicated.
Answer Applies to: California
Replied: 6/14/2011
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