May 24, 2020

Rialto Grandparent’s Rights Lawyer

A divorce can call into question a grandparent’s ability to visit the grandchildren. A Rialto grandparent’s right lawyer will fight to keep you in your grandchildren’s lives.

A divorce can affect more people than just the couple splitting up. That includes grandparents, who may wonder about their rights to see their grandchildren when the parents get divorced.

It’s a complex subject because grandparents do have rights but not at the expense of the parents’ rights. But a Rialto grandparent’s rights lawyer can help you remain a part of your grandchildren’s lives.

Understanding Grandparents’ Rights

To earn the right to visit their grandchildren in California, grandparents have to prove they had an existing relationship with their grandchildren. They also need to show that preserving that relationship is in the grandchildren’s best interest.

Because the courts must take the parents’ decisions under consideration, earning visitation rights can become difficult when the parents say they don’t want the grandparents to have the right to visitation.

In situations like this, a Rialto grandparent’s rights lawyer can negotiate on your behalf, using his knowledge and experience to your advantage.

Requesting Access

If your grandchildren’s parents are still together, you won’t likely be able to request visitation rights. In the event of a divorce, however, that changes.

There are a few exceptions to this rule. Grandparents can usually request visitation rights under any of the following conditions:

  • One parent has died and both parents were not married
  • Your grandchildren’s parents live separately
  • When one parent joins your petition
  • One parent’s location is unknown for more than a month
  • Your grandchild doesn’t live with either parent
  • A stepparent has adopted your grandchild

Are You Caring for Your Grandchild?

Grandparents often become primary caregivers due to circumstances like a parent’s military deployment, incarceration, homelessness, or substance abuse. This can create a complicated legal situation. Without being designated as your grandchildren’s guardian, you cannot enroll them in school or have authority when it comes to medical decisions.

Becoming your grandchildren’s legally appointed guardian does not take away the parents’ rights. If the parents become able to provide care, they can do so in the future.

Adoption can be a long-term solution, but, in California, both parents have to consent. Deciding which option to pursue depends on a multitude of factors, but a lawyer can help clarify the path forward.

Speak with an Attorney

Whether you are looking to obtain visitation rights or become a legal guardian for your grandchild, it’s important to handle the situation with care and follow the correct procedures to ensure you meet your goal. A family lawyer with the Law Office of Laurence J. Brock can help you do that.

To speak with a Rialto grandparent’s rights lawyer, give us a call at 909-466-7661 or complete the contact form at the bottom of the page.

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