Orange County Grandparent Rights Lawyers
Grandparents Play an Important Role in Childhood
In many scenarios, grandparents are a huge part of a child’s formative years. They can act in a multitude of roles in their grandchild’s life. They can be their grandchild’s babysitter, confidant, and a source of emotional support. Under many circumstances, children happily anticipate the time they get to be with their grandparents. Those precious times are spent making beautiful memories that they will hold in their hearts throughout their lives. When couples opt to divorce, grandparents sometimes find themselves at risk of being cut off from their grandchildren. Mercifully, the California family courts can assist grandparents in protecting their ability to have continued contact with their grand kids in the wake of the dissolution of the parents’ marriage.
Under What Circumstances Do Grandparents Retain the Legal Right to See Their Grandchildren?
In California State, grandparents are almost never begrudged the ability to be contacted by and enjoy time with their grandchildren. For the most part, these rights may need to be enforced when the parents of a grandchild choose to separate from each other or get a divorce. Even when this occurs , grandparents may very well have the ability to assert their legal right to visitation when:
The parents of the grandchild are not able to be reached;
The parents don’t retain physical custody of their child or children any longer;
One or both of the parents of the child are incarcerated;
The grandchild gets adopted by a step-parent;
Parents are deemed to be unfit to have custody of the child; or
One of the parents comes together with the grandparent to support the filing of an application for visitation.
How Do Grandparents Have the Ability to Uphold Their Rights?
In the Golden State, grandparents have the right to petition a court for an suitable visitation arrangement with their grandchild. When the court gets the grandparent’s petition, they will give back a determination that was made on the basis of the best interests of the grandchild. Two primary factors exist that can help a Orange County family court judge get sufficient information to make a sound decision as to whether a grandparent’s petition for visitation must be granted.
The judge will seek to pinpoint a pre-existing bond between grandparent and grandchild. The courts will be more willing to grant visitation rights to a grandparent’s request for visitation when there is clear proof that there is a strong bond between the grandparent and grandchild. In arriving at this decision, a judge can ask for witness statements and testimony, look through family photographs and video footage, and even ask the child or children themselves.
A judge will then balance the pros and cons of approving the grandparent their request and, in the process, abrogate a parent’s authority to make choices in the matter. The sad fact is that a grandparent normally wouldn’t have any need to approach the court with a legal filing to see their grandchildren if the parents are in agreement with them. A judge may hesitate to overrule a parent’s decision unless they are given significant evidence to support the grandparent’s cause.
Bringing a Grandparent Rights Petition with the Support of a Parent
Your grandparent petition has a much higher chance of being granted when it is supported by one of the child’s parents. In a situation in which Portia and Andre get a divorce. In the divorce, each parent is awarded joint physical custody of their seven-year-old son, Prentice. Since Prentice was born, Portia’s mother has formed a truly deep bond with Prentice, and she would like to continue to see her grandson on a regular basis. Andre informs the court that he has no interest in maintaining any connection between his son and Portia’s mother. Prentice’s grandmother has a legal right to bring a petition before the court, supported by her daughter Portia, to request visitation rights. The fact that Portia is also on the petition will help to support her mother’s request.
Grandparents May Have their Rights Upheld in Mediation
Mediation is a excellent dispute resolution method. It is much less expensive and more expeditious than court. The mediation avenue also creates a safe space for grandparents and the parents of the child’s to talk out their issues and arrive at a mutually-agreeable resolution. Working through issues in mediation can nurture positive sentiments and stop children from being subjected to an ugly legal dispute. If you are thinking about the option of asserting your rights as a grandparent, but you want to circumvent the time and expense of court, get in touch with a Certified Family Law Specialist. Your attorney can look your situation over, explain the mediation process to you, and field any questions you might need answered.
Orange County Family Law Attorneys
Have the parents of your grandchild recently gone through a separation or divorce? Do you think your grandchild’s parents might need to be declared legally unfit to retain custody? Are you worried that a new step-parent may attempt to deny you time with your grandchild? Call for a consultation with a family law attorney who has handled grandparent rights cases in the past to learn more about your legal rights as a grandparent. As a grandparent, you do indeed have a legal right to see and visit your grandchild. Grandparents are legally allowed to assert this right in the form of a legal petition that can be filed with the court. On the other hand, you can assert your right by seeking an amicable settlement through mediation. Regardless of which route you would prefer to take, our team of seasoned attorneys can help you.
The bond between a child and grandparent can be so valuable. A well informed Certified Family Law Specialist will fight to keep your relationship with your grandchild in tact. When you get a Orange County family law attorney to take your case, he or she can assemble a legal argument that is custom crafted for the purpose of nailing down a legal visitation arrangement for you to see your grandchild consistently. The right lawyer for your matter must be able to anticipate the arguments that the parent who is objecting might bring and be ready to defend against anything they might say about you. The right lawyer can help you to preserve the relationship you cherish with your grandchildren.