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.
While doing some research, I recently came across Attorney Virginia Cornwell’s website, which has some pertinent information about grandparent rights Ohio as well as helpful information for anyone
living outside the state.
Attorney Cornwell, neatly summarizes the Troxel case in an easily understandable explanation, and discusses the relevance of the landmark case in setting the precedent for grandparent visitation in all states.
I thought her overview of possible reasons why parents deny grandparents was helpful, since it seems to be to be the proverbial question.
Some examples of parent opposition:
* the child is not comfortable with the grandparent
* the child does not know or have a relationship with the grandparent
* the parents have never denied the grandparent visitation with the child, so there is no need for court ordered visitation schedule
* giving the grandparent more time with the child takes away some of the parents rights
For more information, please go to the website:
* click here
Alabama Grandma writes: “After depos and meetings with the Guardian Ad litem, she recommended supervised visitation for the first 90 days. We entered an agreement to that effect. I am getting to see my grandson every other saturday for two hours! It is not what I had hoped for initially, but I will take what I can get until we go back to court for the final judgement.”
Ala Gram explains observing signs of alienation: “…it came out, according to the G.A.L., that my grandson was apprehensive about seeing me. He could not actually recall any incidents himself, but could only repeat word for word things that he had been told. I have no idea what he has been told, so I am working on overcoming the damage they have done for the past two years during the time that I was not allowed to see him. I can say he is opening up more and more at each visit and we enjoy every moment.”
“I hope for one day that our relationship is as strong as it was in the past.”
Borders Book Store, in Costa Mesa has graciously invited me back for another book signing event. The date is Saturday, June 13 at 2 pm.
The address is 1890 Newport Bl., Costa Mesa. The store is especially warm and inviting and someone from the cafe is always offering up free samples of goodies to the customers!
Everyone is welcome to attend!
Every state except Washington has grandparent visitation statutes, and when grandparents exercise their rights by filing a petition for visitation with the courts, many of them actually win their cases! But, the results are not broadcast, so the general public never hears about the outcome, unless there is an appeal. Since we provide an ongoing outreach program to disenfranchised grandparents, we do get to hear about all of the successes.
Our organization, of course receives feedback from our clients when they are awarded court ordered visitation, this can be a sticky situation and we are protective about publicizing confidential details; I can say that there are good number of grandparent cases that have prevailed resulting in reunification with grandchildren. Some of the cases are negotiated outside of court by an attorney with a stipulation, while others end up before a judge.
Grandparents DO have rights, however they need to exercise those rights! The majority of Grandparent visitation cases go under-reported!
Our book, Grand Wishes, summarizes every state’s laws and provides a chart issued from the ABA listing criteria for the states. To preview the details of each state’s current laws, we suggest linking up to the official state site and following the guidelines.
Everyone interested, should at least read the information for themselves and then consult a legal professional for translation. The legislative counsel digest of laws can be intimidating and easily misinterpreted.
First and foremost, grandparents must be made aware that they have access to a good number of laws, not all of them perfect, but the more they are used, the better they will become.
Family Law Attorney, Jeff Stivers, won grandparent visitation for one of our clients!
Because Jeff’ assembled a well drafted petition with compelling evidence in favor of the grandparent securing court ordered visitation, he successfully prevailed.
Retaining a good family law specialist, who understands grandparent visitation laws and is an advocate of the grandparent-grandchild relationship remaining strong, can make a huge difference.
Often cases can be settled out of court, which saves not only money but added emotional wear and tear.
Congrats on a job well done and for bringing another child back to a loving grandparent.
Grandparent-grandchild visitation issues are a growing problem! The calls and emails asking for help from disenfranchised grandparents are increasing day by day. The problem is not going away, yet, few grandparents fight.
Most grandparents that contact our organization do NOT realize that they have visitation rights and the ones that do, think that the laws are inadequate?
It is pretty simple to educate grandparents about existing laws, but not so easy to convince the other group of grandparents that they need to use the laws in existence to at least get into court, once there judicial precedents come into play. The idea is to clog the courtrooms with cases.
There is no doubt that there will always be a need for legal reform in every category, but unless the present laws are exercised, then it makes it pretty hard to convince legislators to make changes? They’re not being used!
At present, most grandparent oriented cases go underreported. The grandparents who have been denied visitation and have standing in a court of law, do NOT file a petition!
Granted, attorneys are expensive, however, every court has a self help section, and grandparents may file as”pro se/ pro per” litigants. Many county courthouses provide the “grandparent petition form” and if not a substitute form can be used. At this time this organization has requested that the Judicial Council establish a GRANDPARENT form for Orange County, Cal.
The more cases filed, the more awareness raised on behalf of the Grandparent-Grandchild relationship.
I’d like to think that I brought the sun with me when I recently traveled to Washington state this January, well at least for a little while anyway. Seattle was my first destination, where I would hold a book signing event at Barnes and Noble in Northgate. The Pacific Northwest had been deluged with snow and for a brief interval during my 24 hour visit there had been some sun with intermittent rain, which made getting around much easier. I enjoyed a warm reception with a good sized turnout from the audience of grandparents and other interested parties.
My purpose for scheduling a book signing event in Washington state was to help raise awareness about the lack of legislation on behalf of grandparent visitation. GRAND WISHES is the only current book on the shelves that addresses grandparent-grandchild visitation issues and Washington state is the only state without grandparent visitation laws. It was important for me to support all of the grandparents there who are fighting for some much needed legislation. There is a group of grandparents, called G.R.O.W.S., who have formed a united front in pursuit of lobbying legislators on behalf of enacting statutes to protect the grandparent grandchild bond. I couldn’t help noticing something unique and special about this group, which was that they had developed friendships with one another as a result of tragic circumstances that had originally brought them together. They had even become social as they gathered together at a nearby restaurant following the event, me included. We all need close friends to deal with stress, and truly that is the bright side of the issue, for these individuals would have never met had it not been for shared misfortune.
The second leg of my trip took me to the Barnes & Nobel in Spokane, where I would finally meet my very best customer, Betty Tomlin, director of the Wa. state chapter of Grandparents For Children’s Rights Org. Betty ordered several books just so she could generously give them away to anyone she encountered who was experiencing grandparent visitation issues. This book signing event was more intimate and soon became more of a discussion group; Betty so graciously allowed me to videotape her as she shared her very own grandparent story. All in all both Barnes & Noble community coordinators did a terrific job hosting the events and the audiences were most appreciative for my visit. My whirlwind trip took place in the span of a weekend with lots of airport time. There is no direct flight to Spokane, which meant a few trips back and forth to Seatac. Friday night, arrive in Seattle for Saturday book event, then back to the airport to catch an evening commuter flight to Spokane, spend the night in Spokane, arrive at B&N for Sunday event, then back to airport for commuter flight to Seattle thenhome to John Wayne airport. At that point, the sunshine was nowhere to be seen as the clouds moved in and the snow once again began to fall, needless to say I barely made it out of Seattle as we waited on the runway as the plane was de-iced.
I have had two cases recently, both parties living locally, and one of the grandparents adopts the grandchild. In case number one, dad and mom lose rights, and bio grandpa and new wife adopt grandchild.
Meanwhile, bio grandmother establishes visitation rights through a court filed “continued contact” agreement, which is modifiable.
In case number two, dad is out of the picture, but mom is fighting to protect her rights, however, grandpa and new wife have custody of the child, with a pending adoption. This adoption is not a done deal, so there is still hope that bio grandma will continue her relationship with the child, once mom re-establishes her rights, otherwise, an agreement between parties is necessary.
What they have in common, grandpas have re-married and the new wives do not want the ex-wife around, and the bio dad in case number one is technically his son’s brother now, and bio mom in case number two could become her son’s sister?
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For a $20.00 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.