Phoenix, AZ asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Litigation for California

Q: Upcoming retaliation hearing in October to remove my current visitation & phone order. Absolutely nothing to back it.

Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an attorney. I said - I wish someone would cut off the arms & legs off the person who ripped & held my grandson for months against his will. (Spoke to a mediator in SD who said - she would've said much worse!

Now a nurse and senior who never threatened anyone has an RO & I have paid a ridiculous monitor over $2500 to see the grandson I raised and limiting my time btwn 2-4 hours because of the huge expense.

Please help - this is the highest form of injustice.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence in his life, and to rebut any claims made by the other party. You might consider working closely with an attorney to craft compelling arguments that focus on the best interest of the child, a standard often used in family court, and to possibly challenge the admissibility of the text messages on the grounds of privilege; consulting with an experienced family law attorney to help guide your strategy and represent your interests in court could be a crucial step. It's essential to approach the upcoming hearing prepared with all necessary documentation and a clearly articulated argument in favor of maintaining your visitation and phone order.

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