Q: My son had a child out of wedlock. There is no custody or parent agreement. She is moving to Texas.
I would also like grand parent rights. Do we need to file in California or Texas. She plans to move in the next 3-4 weeks.
A: Your son needs to file a Petition to Establish a Parental Relationship and a Request for Orders for child custody and visitation and to address the move away issue. He needs to do this ASAP before she moves to ensure that she cannot move. His best bet is to file an ex parte request so that the judge can hear it immediately as she has already told him that he intends to take the child out of the state.
Unfortunately if your son is asserting his parental and custodial rights you will not be able to petition the court for separate grandparent's rights as they only apply in certain circumstances and this situation does not comply.
If you have any questions about the process or what the process entails please do not hesitate to contact me at my office.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.