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Cullen Family Law Group
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  5. Grandparents’ Rights

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.

Practice Areas

  • Family Law
    • Adoption & Guardianships
    • Domestic Violence
    • Out of State Clients
    • Same-Sex Family Law
    • Stepparent Adoptions
    • Emergency Family Law Hearings in Riverside and San Bernardino
    • Request for Order (RFO): What It Is and How It Works
    • Unbundled Family Law Services
  • Divorce (Dissolution)
    • Contested vs. Uncontested Divorce
    • Domestic Partnerships
    • Estate Planning In Divorce
    • Grey Divorce
    • High Net Worth Divorce
    • Legal Separation
    • Mediation / Collaborative Divorce
    • Prenuptial & Postnuptial Agreements
    • Same–Sex Divorce
    • Spousal Support
    • Dissolution Timeline
    • Divorce Do’s and Don’ts
    • Divorce When There Is a Business Involved: Protecting Your Rights
    • What to Do If You’ve Been Served Divorce Papers
  • Child Custody & Visitation
    • Child Custody Overview
    • Fathers’ Rights
    • Grandparents’ Rights
    • Modification Of Child Custody Orders In California
    • Parental Relocations / Move-Aways
    • Parental Rights / Paternity
    • Enforcing Custody and Visitation Orders in California
    • Emergency Custody Orders in California
    • Move–Away Orders: When One Parent Wants to Relocate
    • Understanding 730 Child Custody Evaluations in California
    • Communicating With Your Children
    • Parental Alienation
    • Parental Interference
  • Child Support
    • Modifications (Child Support & Alimony)
    • Spousal Support / Alimony
    • Wage Garnishments (Collection of Support)
  • Estate Planning In Divorce
  • Guardianship & Adoption
  • Legal Separation
  • Military Divorce
    • Military Pension
    • Dividing CALPERS, Military, and Government Pensions in Divorce
  • Property Division
    • Business Valuations & Business Controllable Cash Flow
    • Hidden Assets
    • Property Rights: Simple & Complex
    • Property Settlement
  • Spousal Support
    • Spousal Support / Alimony
    • Spousal support in CA: Why does the date of the settlement matter?

Find Out How We Can Help You.

Call 951-715-4601, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
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