You have the right to see your grandchildren, but protecting that right sometimes requires taking legal action. Find out what your best option is by speaking with a Fontana grandparent’s rights lawyer.
Grandparents have the right to child visitation as long as it does not infringe upon the parents’ rights to raise their child as they see fit. However, these rights are not automatically granted to grandparents in the way that they are to biological parents. To establish and protect them, you will need help from a Fontana grandparent’s rights lawyer from the Law Office of Laurence J. Brock.
One reason to contact a Fontana grandparent’s rights lawyer is if your grandchild is being kept from you. This is most common in divorce situations and when your own child has died, leaving a widow or widower that no longer wants to maintain contact with you for some reason.
In this instance, you can petition the court for visitation rights, and a judge will determine if it is within the best interests of the child to grant it. If you already have a prior relationship with the child and a pattern of involvement, it is likely that your request will be granted.
The caveat, however, is that a judge will not be likely to grant anything that could infringe upon the rights of the parents.
It is common for grandparents to take an active role in raising their grandchildren. If the parents are deficient in their parental responsibilities due to drug use, homelessness, or abandonment, the grandparents may be asked to care for the child either permanently or temporarily.
In this situation, becoming the child’s legal guardian is necessary for establishing parental rights that will allow you to act in the child’s best interests. Your Fontana grandparent’s rights lawyer can help you with this process so that you can help your grandchild with all of the following:
Becoming a child’s guardian does not eliminate the rights of the parents. They will still have access to the child and can request visitation. If their life circumstances improve, they may be able to care for the child again. If this is not what you want, you should consider adoption, which is permanent.
If your grandchild has been abused or neglected, social services may choose to remove him or her from the parents’ home. In this instance, a dependency case would be opened, and—as a grandparent—you have preferential rights when they begin the process of placing the child in a new home.
When notified that social services are involved, you should contact a Fontana grandparent’s rights lawyer immediately so that you can be alerted to any hearings and make a formal request to care for the child.
Legally, the state must first consider close relatives before placing the child into foster care, but you are required to come forward. They are not required to find you. If a child is placed with an alternative family member or you are not prepared to care for them full-time, you can still request visitation.
The Law Office of Laurence J. Brock can assist you in establishing visitation, guardianship, and more. If your rights are being infringed upon or you want to take a more active role in the life of your grandchild, call 909-466-7661 or complete the form below to schedule an appointment with a Fontana grandparent’s rights lawyer.