Fresno Grandparents’ Rights Lawyer Helping You Get Time with Your Grandchildren
When your child goes through a divorce or a separation, sometimes it can be hard to get time with your grandchildren and the relationship that you had with them can be disrupted, even when time with you is in the best interest of the child. This can be upsetting both for you and for your grandchildren, at a time when the children’s lives are already going through big family changes. Grandparents do have rights in California, however.
Under California law, grandparents are entitled to reasonable visitation with their grandchildren, as long as the court can establish that there was a previous relationship between the children and their grandparents that is being disrupted and that the best interests of the child are balanced with the parents’ rights to make decisions. Family disputes are complex and usually full of emotions on all sides. An experienced grandparents’ rights attorney from Bains Law Offices can represent your interests in court and give you the best possible chance to get the outcome you are hoping for. Call our Fresno office today at 559-890-1007.
How Do I File for Visitation with My Grandchildren?
Asking the courts for visitation with your grandchildren starts with a petition to the court. This can be part of a court case that is already underway, like the parents’ divorce or child custody case, or it can be filed separately if there is no case already open. There are forms that are required to be filed with the court, and papers served on the parents.
It can be complicated for a person who is not a lawyer to find out if there is an open case in court and how to add your petition to that case, to fill out all forms properly, and to fulfill all the requirements for asserting your rights as grandparents. Solid legal advice from an experienced and knowledgeable grandparents’ rights lawyer can be vital to getting the visitation with your grandchildren that you seek.
Is There Anything I Can Do To See My Grandchildren?
Typically, grandparents cannot file for visitation with their grandchildren if the child’s parents are still married. There are some exceptions to this rule, however. For example, if your grandchild has been adopted by a step-parent or does not live with either parent, grandparents may file for grandparent visitation. Other exceptions include cases in which a parent’s whereabouts have been unknown for at least one month, the parents are living separately, or one parent joins the grandparents’ petition for visitation.
What if My Grandchild’s Parents Are Unable to Care for the Child?
In cases in which one or both parents are unable to adequately care for a child due to drug addiction or incarceration, for example, you may want to take physical custody of that child in order to protect the child and ensure that they have the proper care. Custody by a non-parent (even if a grandparent) is called “guardianship” and requires a different legal process than visitation requests require.
Any legal process that is required to enforce your rights as a grandparent is complex and emotional. Having an accomplished grandparents’ rights attorney on your side can help bring your case to the best possible outcome while minimizing the headaches and stress of having to navigate the complicated court system by yourself. Let a skilled grandparents’ rights attorney from Bains Law Offices help you get the results you are hoping for. Call us today at 559-890-1007
Why Should I Hire a Grandparents’ Rights Lawyer?
Your grandchildren need you in their lives, especially if things are turbulent at home due to divorce, separation, or the absence or unfitness of one or both parents. A steady relationship with a stable adult can make all the difference for a child in times of family disruption. While grandparents do have rights in some cases, figuring out what those rights are and how to go about enforcing them can be not only be complicated, but also emotionally difficult. A skilled grandparents’ rights attorney can guide you through the process of asserting your rights as a grandparent. You do not need to go through this complex and time-consuming process alone.