Grandparents play a vital role in the lives of their grandchildren, often providing love, guidance, and stability. However, family disputes, divorce, or other life changes can sometimes disrupt this bond. In California, grandparents have the legal right to seek visitation or custody in certain circumstances, but navigating these laws can be complex. If you’re a grandparent concerned about maintaining your relationship with your grandchildren, a skilled grandparents’ rights attorney in Upland CA, like Kendall Gkikas & Mitchell, LLP, can help you understand and assert your rights. Keep reading to learn more!
Do Grandparents Have Legal Rights in California?
California law recognizes the importance of the grandparent-grandchild relationship and allows grandparents to petition the court for visitation rights. However, these rights are not automatic. Courts consider several factors before granting visitation, including the best interests of the child and the nature of the existing relationship. A judge must also weigh the parents’ rights and opinions, as the court presumes that parents act in their child’s best interests.
When Can Grandparents Petition for Visitation?
Grandparents typically petition for visitation when there is a disruption in the family dynamic, such as divorce, separation, or the death of one parent. There are several situations in which a court will consider granting grandparent visitation rights:
- When a parent has died
- When a stepparent adopts a grandchild
- When married parents are living separately or meet certain other requirements
It’s important to note that if both parents are married and agree to deny visitation, it can be challenging to obtain court approval for visitation rights. However, there are exceptions, such as when the parents are living separately, one parent’s whereabouts are unknown, or the child does not live with either parent.
Seeking Custody as a Grandparent
In extreme cases, grandparents may seek custody of their grandchildren. This typically occurs when the child’s parents are unable to provide proper care due to issues like neglect, abuse, addiction, or incarceration. In such situations, grandparents can file for guardianship or custody to ensure the child’s safety and well-being. Custody cases are often contentious and require substantial evidence to prove that living with the grandparents is in the child’s best interests. A knowledgeable grandparents’ rights attorney in Upland CA can help you gather the necessary evidence and present a strong case in court.
Contact Kendall Gkikas & Mitchell, LLP for Help with Grandparents’ Rights Cases in Upland CA and Beyond!
If you’re a grandparent seeking visitation or custody of your grandchildren, Kendall Gkikas & Mitchell, LLP is here to help. As experienced grandparents’ rights attorneys in Upland CA, we understand the complexities of these cases and are dedicated to protecting your bond with your grandchildren. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
