The Right To Be With Grandchildren
As a grandparent, seeing and spending time with your grandchildren is important. In California, grandparents do have some rights, including visitation.
Contact the family law attorneys at Cullen Family Law Group to speak with knowledgeable grandparent rights lawyers. We will work with you to see if you are entitled to visitation or custody rights. Our experienced lawyers will counsel you on petitioning for grandparent rights and advocate for you in all visitation or custody proceedings.
Grandparent Child Visitation
Grandparents may petition for child visitation rights in the following circumstances:
- Parents are living separately
- The parent’s whereabouts are unknown
- The child does not live with either parent
- A stepparent has adopted the child
Generally, grandparents cannot file for child visitation rights if the parents are married. However, if one parent has lost legal rights to the child due to a stepparent adoption, California grandparents do have visitation rights, but they must assert those rights in a petition for visitation.
There are several factors that the Court will evaluate to determine whether to award a grandparents’ child visitation rights. The Court will balance the parent’s rights to the child with the grandparents’ rights. The Court must also evaluate the bond between the grandparent and the grandchild. If the existing relationship is a strong bond, the Court may grant child visitation rights to the grandparents.
Grandparent Child Custody Rights
Child custody rights are much more difficult for grandparents to get. Unless there are exceptional circumstances, most courts will always grant the biological parents custody instead of the grandparents. Under California law, parents have constitutional rights to raise their children. However, if you have been the child’s sole caretaker and the parent is either absent or unfit, you may be able to petition for child custody rights.
Cullen Family Law Group can advise you on grandparents’ rights to child visitation and child custody. We will ensure that you are informed of your rights. We will advocate on your behalf in Court to ensure your rights as a grandparent are not infringed upon. We encourage the parents and the grandparents to work together to achieve a resolution that is in the child’s best interests. Contact the lawyers at Cullen Family Law Group to discuss your family law matters. We are located in both Riverside and Temecula.