Grandparents Rights Expanded
Grandparents can be an essential part of a family. In addition to providing much-needed babysitting and childcare services, grandparents are often a frequent source of advice and emotional support. Some grandparents also play a significant financial role in their extended families. What happens when parents decide to get divorced? Do grandparents have any rights to see or contact their grandchildren? Can grandparents request custody if they don’t think the parents are fit?
The Moran Law Firm attorneys understand the importance of a bond between a grandchild and a grandparent. When parents decide to get divorced, this important bond is often overlooked or forgotten. Fortunately, California law empowers grandparents with certain rights. If you are a grandparent who is worried about the future of your relationship with your grandchild, or your grandchild’s wellbeing, contact our Los Angeles family law attorneys today. We will review your case, answer the questions you have, and help you fight to assert and protect your rights
When Can Grandparents See Their Grandchildren?
Grandparents usually don’t have a reason to assert their legal right to visitation unless the parents of their grandchildren decide to get a divorce. In fact, grandparents are generally prohibited from asserting their rights while their grandchildren’s parents are married. However, there are certain situations when a grandparent can take legal action to assert their rights, even when their grandchild’s parents are still legally married. A grandparent can assert his or her legal rights when:
- The grandchild’s parents can’t be found.
- Parents don’t have physical custody of the child
- One or both parents are in prison;
- The grandchild is adopted by a step-parent;
- Parents have psychological issues that prevent from properly caring for the child;
- Parents have drug and/or alcohol abuse problems that make them unfit to have custody; or
- A parent joins the grandparent in filing a legal claim for visitation
California Values the Relationship Between Grandchild and Grandparent
Over the past few decades, California courts have demonstrated that they understand the importance of a relationship between a grandchild and a grandparent. Courts are not required to grant visitation requests filed by grandparents, but often try to preserve the bond between a grandparent and a grandchild by awarding legal rights to visitation. The primary reason for this is that courts do their best to do what is in the best interest of the child. In most cases, this will mean changing that child’s life as little as possible and preserving all valuable relationships. A grandparent’s relationship with a grandchild is perhaps one of the most important relationships there is.
Balancing a Grandparent’s Request With a Parent’s Rights to Make Decisions
Grandparents will not automatically be granted visitation rights. A court is legally required to evaluate a petition for visitation and consider the best interests of the affected child. California Family Code Section 3104 requires a judge to focus on two primary issues: existing bond and the pros and cons of overriding parental rights.
Courts will be more likely to grant a petition for visitation if there is a pre-existing relationship between the grandparent and grandchild. Grandparents who want to secure visitation rights should be prepared to support their request with evidence of an established relationship. Evidence that may be helpful includes:
- Photographs
- Video footage
- Receipts
- Statements from the grandchild
- Family input, and
- Eyewitness testimony
While courts want to preserve pre-existing relationships between a grandparent and grandchild, they may be hesitant to limit a parent’s ability to make decisions about their own child. A parent’s ability to make decisions about their child’s life is one of the most fundamental rights a parent has. A court will not take overruling this right lightly. However, courts have the ability to view family dynamics and situations in a neutral light. The court will weigh the benefits of maintaining contact between a grandparent and grandchild with the negatives of overruling a parent. Remember, courts will do what is in the best interests of the child. If keeping a child in contact with their grandparent is in that child’s best interest, the parent’s right will be infringed.
If you want to file a petition to secure visitation with your grandchild you may want to consider asking one of the child’s parents. A grandparent’s petition for visitation will always be stronger if one of the child’s parents signs on.
Family Law Attorneys Fighting to Protect Grandparent Rights
If your adult child is getting a divorce, and you’re afraid that you’ll slowly lose the right to see and visit with your grandchildren, we can help you. Do you feel that your grandchildren aren’t safe in the custody of his or her parents-we can help you! As a grandparent in California, you are entitled to certain rights. At Moran Law Firm, we understand that the unique bond you have with your grandchild is invaluable, and the sudden loss of this relationship could be traumatic for your grandchildren. We will fight to protect your rights as a grandparent, and make sure that your grandchildren are safe. Call The Moran Law Firm today to schedule a consultation.
