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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 visitation and 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.

Call today for a case evaluation to get started!

Contact Us

Goldberg & Gille
Pasadena Family Law Attorney
131 N El Molino Ave, Suite 310A,
Pasadena, CA 91101 (View Map)
Phone: (626) 340-0955
Local: (626) 584-6700

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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.