Can a grandparent get legal visiting rights? 5 Answers as of April 25, 2011

My son has no rights right now his ex girldrfiend ,lives in la calif. illegally and keeps sending her kids to Ensenada with her parents, can I get legal rights for visiting them? She sent her son when he was six months still has not brought him back he is now a year and 5 mnths. what can I do?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
It is very difficult to get visitation rights as a grandparent. However, California does allow grandparent visitation based on the following factors:

California Family Code3104 (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following: (1) Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child. (2) Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority. (b) A petition for visitation under this section may not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exist: (1) The parents are currently living separately and apart on a permanent or indefinite basis. (2) One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse. (3) One of the parents joins in the petition with the grandparents. (4) The child is not residing with either parent. (5) The child has been adopted by a stepparent. (e) There is a rebuttable presumption that the visitation of a grandparent is not in the best interest of a minor child if the natural or adoptive parents agree that the grandparent should not be granted visitation rights. (f) There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the parent who has been awarded sole legal and physical custody of the child in another proceeding, or the parent with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent. (g) Visitation rights may not be ordered under this section if that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding.
Answer Applies to: California
Replied: 4/25/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It is very difficult to obtain grandparents visitation rights. Hire a family law attorney who is familiar with this issue.
Answer Applies to: California
Replied: 4/22/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Grandparents can file for grandparent visitation, but it is very difficult to be successful, as parents are allowed to limit the contact between third parties and their children. A better suggestion is to have your son gain visitation rights, then have him allow you to see the child. The problem is, however, that if the child has been in Mexico for over a year, no court in the US will have jurisdiction, unless there is an abduction issue. If that is the case, the District Attorney Child Abduction Unit should be contacted for assistance.
Answer Applies to: California
Replied: 4/21/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes. a grandparent can get visitation rights, depending on the circumstances of course. Call a local family law lawyer to discuss the particular facts of your case.
Answer Applies to: California
Replied: 4/21/2011
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