Upland Grandparents’ Rights Lawyer

Understanding Grandparents’ Rights in California

Grandparents often have deep, meaningful relationships with their grandchildren. However, when family circumstances change due to divorce, separation, or the death of a parent, maintaining those bonds can become difficult. California law allows grandparents to seek court-ordered visitation under specific conditions, but these cases can be legally complex.

If you are struggling to maintain a relationship with your grandchild, an experienced family law attorney can help you navigate the legal process. At The Law Office of Laurence J. Brock, we are committed to helping grandparents protect their legal rights and seek visitation when it is in the best interests of the child.

When Can a Grandparent Seek Visitation?

Grandparents’ rights in California are not automatically granted. Instead, a grandparent must petition the court and demonstrate that maintaining the child’s relationship with them is in the child’s best interests. Courts will consider granting reasonable visitation if:

A preexisting relationship between the grandparent and grandchild exists, such that visitation is in the child’s best interests.
One parent is deceased, and maintaining the relationship benefits the child.
The child resides in an unstable environment due to a parent’s absence or other legal concerns.

If the court determines that circumstances exist warranting visitation, it may issue a court order granting reasonable visitation rights. However, the court must also consider parental authority, as parents have a fundamental right to make decisions about their child’s upbringing.

How the Court Determines Grandparent Visitation

When a grandparent files a petition for visitation rights, the court examines multiple factors, including:

The child’s relationship with the grandparent before the petition
Whether the child’s parents are living separately or if one parent has joined the request for visitation
If a rebuttable presumption affecting the case exists, such as the child’s parents opposing visitation
The overall best interests of the child

If the court grants visitation rights, it will outline the specific terms in a court order. This may include the frequency of visits and any limitations to ensure the child’s well-being.

Exceptions to Grandparent Visitation Rights

There are certain rights and exceptions that may prevent a grandparent from obtaining visitation. For example, if the child’s parents are married and living together, grandparents may not have grounds to seek visitation unless an exception applies. These exceptions include:

One parent’s whereabouts are unknown for more than one month
One parent supports the grandparent’s request for visitation
The child does not live with both parents due to separation, divorce, or the absence of one parent

In cases where natural or adoptive parents object to visitation, the court applies a rebuttable presumption that the parents’ decision is in the child’s best interests. This means the grandparent must present strong evidence that visitation is necessary for the child’s well-being.

The Legal Process for Seeking Grandparent Visitation

Filing for grandparent visitation involves submitting a petition to the family court. This process includes:

Completing the required local court form to request visitation
Serving the petition to the child’s parents and any other relevant parties
Demonstrating that a preexisting relationship exists and that granting reasonable visitation would benefit the child
Attending court proceedings where the judge reviews the petition and considers arguments from both sides

The court may issue a temporary order while evaluating the case or deny the request if it finds that visitation would interfere with the child’s well-being. In some cases, the court may require certified mail with return receipt requested to notify all involved parties.

Protecting Your Grandparents’ Rights in Upland

If you are facing challenges in maintaining a relationship with your grandchild, legal representation can make a significant difference. At The Law Office of Laurence J. Brock, we provide compassionate and strategic guidance for grandparents seeking visitation rights. Our goal is to help you navigate the family court system and present a strong case that supports your legal rights.

Learn more about how an Upland Grandparents’ Rights Lawyer can assist you. Call The Law Office of Laurence J. Brock at (909) 466-7661 to schedule your free case evaluation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.

Frequently Asked Questions

Can a grandparent get visitation rights if both parents are against it?

Yes, but it can be challenging. If both parents oppose visitation, the grandparent must prove that denying visitation would harm the child. The court applies a rebuttable presumption that parents’ decisions are in the child’s best interests.

Does a grandparent have visitation rights if one parent is deceased?

A grandparent may have a stronger case for visitation when a deceased parent’s absence significantly impacts the child’s well-being. The court considers whether maintaining the grandchild’s relationship with the grandparent is in the child’s best interests.

How does a grandparent file for visitation in California?

A grandparent must file a petition in family court, provide notice to the child’s parents, and present evidence showing that granting reasonable visitation is in the child’s best interests.

What if the grandchild has been adopted?

In most cases, adoption by someone other than a stepparent terminates a grandparent’s visitation rights. However, exceptions may apply, especially if the adoptive parents allow continued contact.

Can a grandparent seek custody of a grandchild?

Yes, in extreme cases where the child’s parents are deemed unfit, a grandparent may petition for custody. This typically involves proving that the child’s parents cannot provide a safe and stable environment.