Grandparents are often an important part of a child’s life. They can fill many roles, filling the role of babysitter, friend, and support system. Children often look forward to spending time with their grandparents, and these memories are treasured forever. When parents decide to divorce, grandparents risk losing contact with their grandchildren. Fortunately, California offers protection for grandparents who want to make sure they can keep in touch in the future.
Regime of Visits of Grandparents to their Grandchildren
In California, grandparents have the right to see and visit their grandchildren. These rights were provided in case the child’s parents separate or divorced. However, they can also assert their legal right to visitation if:
- The child’s parents cannot be located;
- Parents do not have custody of their child;
- One or both parents of the child are in prison;
- The grandson is adopted by a stepfather;
- The parents are deemed unfit to have custody of the child; either
- One parent joins the grandparent in filing a visitation petition.
How Can Grandparents Assert Their Rights?
Grandparents in California have the right to ask a court for fair visitation to see their grandchild. When the court receives this petition, it will make a determination by considering the interests of the minor first. There are two main factors that will help the Los Angeles family court judge determine whether the grandparent visitation request should be granted.
First, the judge will look for a pre-existing relationship between the grandparent and the grandchild. Courts will be more willing to approve the visitation request if there is evidence that there is a genuine link between the grandparent and the grandchild. In making this determination, a judge may request witness statements and testimony, review photos and videos, and even speak directly with the child.
Second, a judge will weigh the pros and cons of approving the application and take away the parent’s ability to decide about their child. Grandparents generally do not need to file a legal request to see their grandchildren if the parents agree. The court will hesitate to overturn the parents’ decision unless significant evidence is presented to support the grandparents’ case.
Your petition is more likely to be successful if one of the child’s parents joins. For example, let’s say that Jane and Bob get divorced. In the divorce, each parent is awarded joint physical custody of his six-year-old daughter, Ann. Jane’s mother has established a genuine and deep connection with Ann and wants to continue to see her granddaughter regularly. Bob indicates that he has no interest in maintaining contact between the girl and her grandmother. Ann’s grandmother can petition the court, along with her daughter Jane, to request visitation rights. The fact that Jane supports her will help support her mother’s request.
Grandparents Have the Mediation Option
Mediation is an excellent dispute resolution tool that is less expensive and time-consuming than going to court. Mediation also provides a safe space for the child’s grandparents and parents to discuss their issues and come to a mutual agreement. Using mediation can help foster positive relationships and prevent children from being witnesses to an unpleasant legal dispute. If you want to assert your rights as a grandparent but want to avoid the time and expense involved in taking a case to court, call the Certified Family Law Specialists at Fernandez & Karney. We can review your case, explain the mediation process, and answer any questions that may arise.
Los Angeles Family Law Attorneys
Have your grandchild’s parents recently separated or divorced? Do you think your grandchild’s father is not fit to have custody? Does your grandchild have a new stepparent and you fear that the stepparent will try to limit the time you can spend with the child? Call Fernandez & Karney to learn about your rights as a grandparent. Grandparents have the legal right to see and visit their grandchild. You can assert this right by filing a formal petition with the court or by seeking an amicable resolution through mediation. Regardless of which option you wish to pursue, our knowledgeable attorneys can help you.
Our Certified Family Law Specialists have over 50 years of combined legal experience. We know how special the bond between a child and her grandparent can be, and we will fight to protect that relationship. By retaining our Los Angeles family law attorneys, we will craft a custom legal argument designed to secure your grandchild’s right to visit. We’ll anticipate arguments from reluctant parents so you’ll be prepared in case you need to defend yourself against any claim they make. Call our Los Angeles office today to schedule a free consultation and learn more about how we can help you protect your relationship with your grandchild.