In California, Grandparents Have Rights to Custody and Visitation of Their Grandchildren
OC Grandparents Have Rights To Custody And Visitation: Grandparents can file for visitation rights of their grandchildren in many cases in California. In order for visitation rights to be granted, the court has to find the following:
• The grandparent and child had an existing relationship that is in the best interest of the child, and • The grandparents’ rights must balance with the parents’ rights to decide what is best for their child.
In most cases, the grandparents cannot file for visitation rights unless the parents are unmarried, except in the following cases. In the case that grandparents are granted rights, and circumstances change so that none of the following are true, the parents can choose to end the grandparents’ rights.
• The parents live apart; • The parents cannot be found and have been missing for one month or longer; • One parent agrees that the grandparents should have visitation rights; • The child does not live with his or her parents; or • A stepparent adopts your grandchild.
However, it may be in the best interests of the family for the grandparents to have permission from the parents, rather than a legal visitation order, to see their grandchildren.
How to Work with a California Grandparents’ Rights Attorney to Establish Grandparent Visitation
If it is not an option to work with the parents to establish your grandparents’ rights, you can contact an Orange County family lawyer to help you file a request for grandparent visitation in Family Court.
Sometimes a child is adopted by a stepparent, their biological parent dies or becomes incapacitated, and grandparents may not see their grandchildren simply because the child’s parent or guardian has no relationship with the grandparent. A legal order regarding grandparents’ rights can, in this case, protect the child’s relationship with their grandparent.
It is your responsibility as a grandparent, with the help of your family law attorney, to explain to the court why it is in the best interest of the child for you to have visitation rights. Your attorney can help you build your case and protect your rights if a stepparent adopts your grandchild in the future.
Contact an Experienced Family Law Attorney to Establish and Protect Your Rights as a Grandparent in California
If you’re ready to establish and protect your rights to have a relationship with your grandchild, contact a skilled Orange County family law attorney today. At Yanez & Associates, our team is here to help. Schedule your initial consultation with us through our online contact form, or give us a call today.