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. In some cases, you may be able to work with your grandchild’s parents to ensure you still get to see your grandchild and maintain the relationship. But in others, it may be necessary to take legal action to ensure you can remain in the child’s life.

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 559-282-8924 to schedule a time to discuss your case.

What Are Grandparent Rights in California?

Under California law, grandparents are entitled to reasonable visitation with their grandchildren, as long as the court can establish that a previous relationship between the children and their grandparents is being disrupted and that the best interests of the child are balanced with the parents’ rights to make decisions. The court recognizes that parents have the right to socialize their children as they see fit, which includes choosing who they should be around.

Grandparent visitation rights are generally only considered when there has been a divorce, separation, or death that somehow changes the existing relationship and circumstances. For example, if your son dies, and your daughter-in-law refuses to let you see your grandchild who you had a strong existing relationship with, this would be a reason to file for grandparent visitation.

In most cases, grandparents cannot get court-ordered visitation if the parents of the child are still married. The main exceptions are if the parents live apart, the child doesn’t live with either parent, or one of the parents is in jail. If your grandchild has been adopted by a step-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 or one parent joins the grandparents’ petition for visitation. However, a divorce also doesn’t automatically mean that you can get grandparent visitation, either. In many cases, the court will assume that you can have access to the children during your son’s or daughter’s parenting time. If this is not the case, it’s worth talking about your options with an attorney.

What Does the Court Consider When Deciding Whether to Grant Grandparent Visitation?

In any family law case involving minors, the courts must first and foremost consider what is in the best interests of the children. This includes their physical well-being as well as their mental and emotional health. In most cases, having active and involved grandparents is a positive thing in a child’s life. However, this must be balanced with the parents’ rights to decide who their child should have a relationship with.

Another important factor in being granted visitation rights as a grandparent is the extent of your previous relationship with the child. If you have not seen or communicated with the child for several years and now want visitation rights, it can be difficult to convince the judge — and almost impossible to get court-ordered visitation against the parents’ wishes. However, if you regularly provided child care before or after school or had overnight visits with the child, it can strengthen your case for visitation. Repeated attempts to maintain the relationship, such as calling regularly or sending birthday cards, can also be helpful for your case.

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 that must be 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. You must also fill out all the forms properly and 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.

What Is Reasonable Grandparent Visitation?

The California Family Code states that under the appropriate circumstances, grandparents can be granted “reasonable visitation rights,” but what does this actually mean? The language here is purposefully vague to give the courts plenty of leeway when deciding what’s appropriate and best for the child in each situation. In many cases, reasonable visitation will be based on the pre-existing relationship.

For example, if you used to see your grandchildren for one weekend a month, the judge may order that this continue. In others, an evening once a week may be reasonable. In most cases, grandparents are not granted the same level of visitation that parents get for their parenting time, so it’s important to have accurate expectations. If you have any questions about what visitation rights you may be able to get, call Bains Law Offices to talk with an attorney.

Is There Anything I Can Do to See My Grandchildren?

It’s normal and understandable to be upset at not getting to spend time with your grandchild or be a part of their life. Legal action to seek visitation or custody can help you establish this relationship again. However, there may be other avenues to try first. If your child is still alive and involved in your grandchild’s life, it’s often best to start there. See if they are open to a conversation on why you aren’t getting to see your grandchild and what can be done to fix it. The same can be done with the grandchild’s other parent if your child is no longer around.

If this doesn’t work and you believe you are going to need to seek visitation through the courts, keep documentation of your attempts to talk with the child’s parents and any attempts to see or talk to the child. Having these records can help you show the courts that you are trying to be an involved grandparent and are doing everything you can to support the child.

Can Grandparents Win Custody If the Child’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. In certain circumstances, grandparents may even be able to get court-ordered child support after being granted custody.

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 help you get the results you are hoping for. Call us today at 559-282-8924.

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 complicated and 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. Call Bains Law Offices at 559-282-8924 to get the help and support you need.