CLICK HERE FOR A CONSULTATION Laurence J. Brock is a California State Bar Certified Family Law Specialist
Rancho Cucamonga Grandparents Rights Lawyer
A divorce can change more than just the involved couple’s lives. It will most certainly affect children and relatives, extending all the way to the grandparents.
When a couple gets divorced, especially in complicated cases, grandparents often fear they’ll no longer see or be able to visit their grandchildren as they once did.
In California, these legal concerns often call for the assistance of an experienced Rancho Cucamonga grandparent’s rights lawyer who can ensure that although the couple is no longer married, you may still visit your grandchildren. If this is your situation, the Law Office of Laurence J. Brock can help you.
Rights After Divorce
Grandparents cannot typically request visitation rights to children in families that are intact, which means that if the couple is still married, you cannot request this type of access to the children. There are exceptions, however, including the following scenarios:
- The parents live separately
- A parent’s whereabouts are unknown for longer than a month
- The child has been adopted by a stepparent
- The child does not live with either parent
- If one parent joins the petition
- One parent is deceased and both parents were unmarried
If you are uncertain if your situation meets these criteria, contact a Rancho Cucamonga grandparent’s rights lawyer from our office. We can review your case and inform you of your options.
Requirements for Grandparent’s Rights
Simply acknowledging that you are the child’s grandparent isn’t enough to guarantee grandparent’s rights. In California, you can ask for visitation with your grandchildren, but you have to meet certain conditions.
For example, the court has to find that you had a pre-existing relationship with your grandchildren that engendered a bond, or that visitation is in the best interests of the children.
The court also has a duty to balance the best interests of the child with both grandparent’s rights and the parents’ individual decisions. If the child’s parents do not feel you are entitled to visitation, grandparents rights can become a rather difficult matter best handled with the advice of a Rancho Cucamonga grandparent’s rights lawyer.
Sole Legal and Sole Physical Custody
Although it’s difficult to get the court to grant you visitation if both parents in the divorce oppose it, grandparent’s rights are a little easier to establish if at least one parent is on board.
Furthermore, if one parent supports visitation but the other parent has sole legal and sole physical custody of the child, the parent with custody usually has complete control of these matters and can deny visitation.
Whether you are able to receive visitation rights for your grandchildren is dependent on many variables and could require the help of a capable family law attorney to unravel. Your situation includes individual circumstances that can make a difference in the rights you have.
What Are Grandparent’s Rights?
Grandparent’s rights typically involve establishing court-ordered visitation, thereby allowing you to continue a relationship with your grandchildren after a divorce. This does not make you the permanent caregiver or change custody, however.
If you feel your grandchildren are in an unsafe situation and should be removed from the parent’s home, you would need to seek guardianship instead.
It’s important to understand that grandparent’s rights do not guarantee visitation and only include the right to reasonable visitation.
Call a Rancho Cucamonga Grandparent’s Rights Lawyer
If you have questions regarding grandparent’s rights in a divorce or need to find out if your rights include visitation with your grandchildren, an experienced Rancho Cucamonga grandparent’s rights lawyer from the Law Office of Laurence J. Brock can help. For a free case evaluation, simply call 909-466-7661 or complete our contact form at the bottom of this page.
