Family Law Attorney Sheryl Edgar: Part 2 discussion grandparent visitation rights in California, specifically addresses stepparent adoption criteria.
Sheryl Edgar gave me the nudge that I needed to become actively involved in child-grandparent advocacy. As seen in this video clip, she casually throws out the idea of me changing a law in order to see my grandchild. That conversation took place in 2003 and once I figured it out three years later, Gov. Schwarzenegger signed my bill into law.
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A Compendium Of Grand Wishes is a short 12 minute film previewing the full feature GRAND WISHES, which is based on the book. Here is just one of many very short clips to come:
Link Schwartz, Beverly Hills Family Law attorney of record who participated in the Cal. landmark case: Lopez v Martinez, generously shares details and her perspective.
The case is often referenced in trials and the Legislative Digest included it in AB2517 (2006), which became law in 2207 under statute 3104.
Link is a true advocate, who genuinely cares about what happens to children when a grandparent is ripped away suddenly and without purpose.
To continue the story about the Northern California grandparents who exercised their court ordered visitation by meeting at a neutral spot, like Starbucks , and when they arrived, there was no visit?
The grandparents did not give up, once they learned that mom had fled the state with the child, they hired a Private Investigator specializing in missing children. The detective traced the mom to a small town in Texas, where he eventually traveled so that he could serve her with a notice of contempt.
The grandparents had their work cut out for them because now they had to find a Texas attorney to pick up where California left off and proceed to have the order recognized in the state of Texas. It is not easy to retain legal counsel in one state while living in another as the grandparents soon learned after one attorney took their money while running up the clock without making progress, another caused further delays trying to educate herself and figure out what to do? Many dollars and many phone calls finally paid off when the grandparents found an attorney who understood grandparent visitation laws and the UCCJEA that applies when a child is moved.
So, this Saturday October 24, the grandparents had their first visit with their young grandson as a result of the San Antonio court hearing the day before, where a judge adamantly concurred that the child had a right to continue visitation with his grandparents and that the mother was in contempt of a court order.
These grandparents never gave up, they fought long and hard and it paid off. When the grandmother called me with the news, we both laughed and cried with happiness!
The Superior Court of Orange County California approved on September 14, 2009 a Grandparent Visitation petition form, L-0373.
Our organization submitted a proposal back in March of 2009 requesting the court to adopt a grandparent form, and now we have one. Great news! We are awaiting a response from Los Angeles, and of course the Judicial Council form adoption takes years.
Forms make all the difference and the life of an attorney and a citizen much easier. Grandparents can now file a petition on their own by downloading the form or by going to the self help center. Attorneys will have less paper work, therefore less charges to the client.
It is all very good news, and will help many people.
In California, only Sacramento County has a local form for grandparents to file, but we are changing that!
My son passed away 3 years ago, and shortly after that his wife ran off with a man who is a convicted felon. She let this man hit the children and abuse them verbally, but CPS did nothing because the children did not have bruises or physical signs at the time of the investigation. After I turned her in she refused to let me see the children anymore, so I filed a petition for visitation. The court awarded me phone visitation since the children were now 3000 miles away in another state . We were only allowed to talk to the children 2 times in the last 2 years. All of our communication has been cut off, so now we do not know if the children are safe. Their grandfather and I are sick with worry that they are in danger and living in an abusive household. It is so frustrating to be so far away and not know how they are. Does anyone care that the children are living with not only a convicted felon, but one that has fled his home state to avoid jail?
Our next step is to now find another lawyer in the state in which the children live , so that our order can be recognized and hopefully re-instated?
I wanted to update you on the latest on my grandparent visitation. This past Saturday I was able to have my first all day UNSUPERVISED visit with my grandson. The judge initially ordered me to “jump through more hoops” but my grandson’s mother and I have begun communication. She did not want us to have supervised visits anymore. WE actually reached our own agreement (signed and notarized) where I now get to have visits every other week with my grandson, for two full Saturdays then it moves to overnight visits from Friday evening to Saturday evening once a month until we feel the child is ready for weekend visits and/or we go back to court for our status hearing.
The mom has agreed to allow me a full week with my grandson during his summer vacation! (WE’RE GOING TO DISNEY!!)
The best news is that during our first full day together I was allowed to bring other family members , including all three of his cousins. We had a wonderful time! There was much laughter, hugs and smiles shared with all.
I am no longer “Jean” to my grandson, but once again he calls me his “GRANNY”. This comes naturally from him as I had decided I would let that matter be until he felt comfortable calling me something besides”Jean”.
He is looking forward to our next visit already! The inhibitions are gone, and what a great blessing this is and definitely many answered prayers.
COMMUNICATION with the custodial parent is so important. It just isn’t always possible, but also not impossible! Please encourage your other grandparents not to give up! Their grandchildren need them and there is always hope!
It has been two and a half years worth of hard work and heartache for me, but has been worth it and I do not regret one bit of the rough road. The end result is so worth the long, hard journey.
I am desperate to find out my rights as a grandparent in Florida.
My son and his family live about fifteen miles away, and he is clearly unstable due to problems with alcohol and drug use as well. I suspect undiagnosed mental illness. Both he and his girlfriend are unemployed and their poor life choices are putting my grandchildren in danger.
I want them to get help and to better their situation. This is not about me getting custody of my grandchildren, I have already raised one child and have very definite plans for my retirement.
That being said, I’d drop everything and raise them if it were necessary.
Advocates For Grandparent Grandchild Connection will provide our readers with a FREE 2 year subscription to Grand Magazine, the Online magazine for grandparents by just visiting, www.grandmagazine.com and clicking on subscriptions. Please put in the promotion code, GRAND 1 and then you will not be asked for a credit card, our compliments!
6. 7-25-09
Wow-I am so sorry it took you so long to do the counseling. You had been a tremendous help to me and my husband. I think helping others also helps us to handle this better.
I was at the Hollywood Bowl last night and there were several families in front of us with children. Two reminded me of our son’s boys-whom we see frequently, but when we saw a little girl the age of our granddaughter, 1 year old, I had to fight back tears-so I know the pain of HOPE to see.
My husband and I have left messages and written letters to our daughter and there is no response.
I just finished another letter, this time using a different approach, very loving and talking about happier times, such as when she was a second grade teacher and was so happy.
The children are so innocent; we only want their love and they should have our love also. A grandma and grandpa’s love is un-describable!
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For a $10.00 donation, we will send you a copy of our book Grandwishes. It's the story of how Susan Hoffman pushed for a law in the California assembly that gave grandparents the right to petition the court for grandchild visitation.