Q: DOES A FAMILIAL LEGAL GUARDIAN HAVE ANY SAY IN A PETITION FOR VISITATION?
I have been the legal guardian of my grandson, now nine since 2017 when he was two. Once in 2017 an unfamiliar alleged grandmother on the incarcerated alleged fathers side petitioned for visitation. This request was denied. I had submitted a declaration in protest as there was no prior relationship and this individual would be a complete stranger. In 2023 while in the worst place in my life (homeless with my grandson now 8) I received another petition. I was deeply involved in two other course cases, a long drawn out divorce trial, and a state hearing case due to failure to provide homeless assistance. In short, not being a lawyer, having limited resources (internet, using an iPad, while living in a van) I faced this third case. To make this short, though I referenced Troxel v Granville, FC 3102-3104 with no prior relations, visitation a granted. I was appointed as the supervisory contact. And the alleged father is not even listed on the birth certificate. What now?
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A:
As the legal guardian, you have significant rights and can potentially challenge this visitation order, especially given the circumstances under which it was granted and your reference to Troxel v Granville, which upholds parents' and guardians' rights to make decisions about their children's care.
Your situation during the 2023 petition - being homeless and overwhelmed with other legal matters - could be grounds for requesting a modification of the visitation order, as you may not have been able to present your case effectively. The fact that the alleged father is not listed on the birth certificate also strengthens your position, as it questions the legal standing of the petitioner claiming grandparent status.
You should consider filing a motion to modify or vacate the visitation order, clearly outlining how your circumstances affected your ability to defend against the petition and emphasizing the lack of prior relationship between your grandson and the petitioner. Consider requesting legal aid services or consulting with your local family court's self-help center, as they can provide resources and guidance for filing the necessary paperwork. If you're still experiencing housing instability, also mention this as it relates to your ability to facilitate supervised visitation.
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