Pasadena Grandparents' Rights Lawyer
Family Law Attorney Helping You Fight for Your Rights
An unfortunate reality of family relationships is that they are often complicated
and difficult. Sometimes, when one relationship ends, others are forced
to end as well. This is a truth that grandparents often know all too well.
At Goldberg & Gille, our
Pasadena family law attorney understands the stress and frustration of being shut out of your grandchildren's
lives and wants to help you fight to maintain the relationships that you
and your loved ones deserve.
Attorney Gille is a certified family law specialist who understands the
delicate and emotional nature of these issues and has the efficiency,
experience, and compassion that you and your loved ones need. You can
trust our firm to provide personalized legal counsel to help you seek
visitation with or custody of your grandchildren.
What Are a Grandparent's Rights?
In California, a grandparent's rights to
custody primarily depend upon the child's circumstances and relationships
with his or her parents. As opposed to some states, California considers
these rights to be permissive, which means that in certain situations,
a grandparent can file a petition for visitation regardless of whether
or not the child's parents are still married.
A grandparent can request visitation in the following scenarios:
- The parents are living apart
- One parent has been absent for at least a month
- A stepparent has adopted the child
- The petition is joined by one parent
- The child does not live with parents
Typically, a grandparent will only be able to petition for custody in cases
in which one or both of the parents has passed away. If one parent still
lives, the grandparent will have to prove to the court that he or she
is unfit to care for the child in order to win full custody.
How Can I Request Visitation with My Grandchild?
In order to seek visitation rights, a grandparent can file a petition in
court. If there is an existing case between your grandchild's parents,
such as a
divorce, child custody, or
child support case, you can file your petition under it. Otherwise, your request will
be filed as a new case.
As there are no official court forms for grandparents' visitation requests,
we can help draft an effective petition. Once forms have been filed with
the court clerk, you will be given a court date. In some cases, the court
will require you and your grandchild's parents to attend
mediation before the court date to give you the opportunity to work it out on your
own. If you cannot, a hearing may be held before a judge who can make
the ultimate decision.
A judge will consider two primary factors in a request for visitation:
- Whether or not a relationship previously existed between the grandparent
and child, such that visitation as the child's best interest.
- The balance between fulfilling the child's best interests and upholding
the parents' right to make decisions regarding their children.
When a judge makes his or her decision, a court order will be issued that
grants you rights to visitation and may include a set schedule. Otherwise,
it will be up to you and your grandchild's parents to determine when
and where the visitation will take place.
Hire a Board Certified Pasadena Family Lawyer: 626-340-0955
While a grandparent's rights to his or her grandchildren have been
recognized more and more over the years, the child's best interest
and the parent's rights to decision-making are generally prioritized
in these decisions. Thus, it is essential to have a Pasadena family law
attorney in your corner with an expert knowledge of the law and a passion
for helping families find resolutions. When you retain the representation
of our firm, you can trust that your case is in good hands.