When a couple with children divorce, extended family may suddenly be left with uncertainties about where they stand in terms of visitation rights. State law permits grandparents to request visitation rights in certain situations. However, these family members must prove several factors before the court will grant these rights. Additionally, the law allows grandparents to request visitation of their grandchildren in specific circumstances.
As an Agoura Hills grandparents’ rights lawyer, I can offer guidance in obtaining visitation with your grandchild. Our family law attorneys could examine the legality of your visitation request and advise whether you may have legal standing to petition the court.
There are numerous factors a court may examine when deciding whether a grandparent should have visitation rights with their grandchild. In many cases, the child’s parents are unmarried or a parent is deceased when a grandparent seeks visitation rights.
However, there are situations where the child’s parents could still be married, and a grandparent would be able to petition the court for visitation. For example, if the child’s parents are married, but the child does not reside with either, this minor’s grandparents may seek visitation or in certain circumstances, they can seek guardianship.
Regardless of whether or not the child’s parents are married, one of the critical factors that the court looks at when deciding to grant grandparents visitation rights is whether doing so will be in the best interests of the child. Grandparents requesting visitation rights must show that they have already had a close connection with the child. Additionally, the court also may consider whether allowing the grandparents visitation will interfere with the parental rights of either parent.
When a child is at risk of harm (i.e., living in an abusive situation) or abandonment from unfit parents, it may be possible for grandparents to secure guardianship of their grandchild. As previously mentioned, the best interests of the grandchild will be the primary concern to the court.
Grandparents must be able to present concrete evidence that the child is at risk and transferring custodial rights would be in the child’s best interests. If you visit my law office in Agoura Hills, I could assist you in your Petition for custody of your grandchild and develop an excellent case to bring forth to Court.
When a grandparent wants to pursue visitation rights, they should first speak with a local attorney. I could evaluate the viability of their request and help them draft the necessary paperwork. However, it may not always be possible to work with the parents to come to an agreement, and it may be necessary for the grandparents to petition the court.
I can complete the necessary forms and file them with the court. Then, a court date will be scheduled for the judge to determine whether to approve or deny the request. One of our skilled attorneys would advocate before a judge for grandparents who are requesting access to their grandchild.
If you are a grandparent and need help requesting visitation or custody of your grandchild, I am an Agoura Hills grandparents’ rights lawyer and I could explain your legal options. Our attorneys could provide information about how to proceed with your case so you can make an informed decision. Contact our office today for a case consultation.