August 12, 2020

San Bernardino Grandparent’s Rights Lawyer

As a grandparent you do have legal rights to see your grandchild that cannot be denied. To find out how to obtain visitation rights, consult with a San Bernardino grandparent’s rights lawyer.

If your grandchild is being kept from you, hiring Laurence J. Brock, a San Bernardino grandparent’s rights lawyer, is your best option for establishing visitation. You have the right to seek access to your grandchild and can do so by taking your case to family court. The legal process can be complicated, and your chances of success are far higher with the assistance of an experienced family law attorney.

Best Interests of the Child

At the core of any family law case involving children is the need to determine the best interests of the child. As a grandparent seeking visitation, your case must adequately convey why spending time with you is beneficial to your grandchildren.

Building a compelling case requires gathering evidence, something that your San Bernardino grandparent’s rights lawyer can assist you with.

A Grandparent’s Right to Child Visitation

California state law allows grandparents to seek “reasonable visitation,” but there are caveats:

  • The parents must be divorced or living separately. In other words, you cannot petition the courts for visitation if your married child is refusing to allow you to see your grandchild.
  • You must have an existing relationship and a bond with the child. This is necessary to demonstrate that spending time with you on a regular basis will be beneficial to the child’s life after the divorce.
  • Your visitation rights cannot interfere with the parents’ ability to make decisions about their upbringing and welfare.

These factors must be proven in court for you to be granted visitation rights. Hiring a San Bernardino grandparent’s rights lawyer will help you do so.

Filing with Family Court

The process of building a case, filing the right paperwork, and going to court is complicated. Understandably, most people don’t know where to start. Filing the wrong form or failing to provide a proof of service can get your case thrown out before a judge ever listens to your arguments. This is a risk that you don’t have to take, given how easy it is to hire a San Bernardino grandparent’s rights lawyer from our firm.

Once retained, Attorney Laurence J. Brock can determine if there is an existing case involving your grandchild, such as a pending divorce. If so, a motion can be filed to request visitation. Otherwise, we will need to start a case from scratch by filing a request for order that states your request for visitation. This will need to describe when you want the visitation and why it should be granted to you.

Paperwork then needs to be filed with the court and officially served on the child’s two parents. You cannot serve them yourself, and the court will require proof of service prior to the actual hearing.

Child Visitation Hearing

The judge will review all necessary paperwork and read information provided by you and the parents, if they oppose your request for visitation. The judge may ask questions or listen to testimony, and both attorneys will have the opportunity to speak.

Afterwards, the judge will decide the visitation issue. Your request may be granted, modified, or denied. If the parents are opposing your request, they are likely to have their own attorneys, making it critical that you have an advocate in your corner to stand up for your rights.

Speak with a San Bernardino Grandparent’s Rights Lawyer

If you are being told that you cannot see your grandchild, don’t give up hope. Call the Law Office of Laurence J. Brock at 909-466-7661 to discuss your rights and legal options. You can also schedule your free consultation by using the contact form below.

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