Grandparent Rights in California
Grandparent Rights in California
Grandparent Rights in California When it comes to visitation and custody, grandparents also have rights under California law. If you are a grandparent seeking to establish your rights regarding your grandchildren, consult with an experienced family law attorney to help guide you through the legal process. Why Seek Grandparent Rights? Grandparents play an important role in the lives of their grandchildren. Oftentimes, grandparents seek rights to visitation or custody when…
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Can I Adopt My Grandchildren?
Over the past few decades, an increasing number of grandparents are raising their grandchildren. In fact, according to the 2000 U.S. Census, more than six million children are being raised by someone other their parents, and most are being raised by their grandparents. Some of the most common reasons grandparents must take over raising the children include when the parents: Have substance abuse problems Abandon, abuse, or neglect the children…
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Grandparent Visitation Rights in California
If you’re like most grandparents, you likely have a strong loving attachment to your grandchildren. A divorce or separation between the child’s parents can have a devastating effect on your relationship with your grandchild. As a grandparent, it is important for you to know that in California, you as a grandparent can generally request reasonable visitation with your grandchild as long as the court finds that: You have a preexisting…
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Can You Be Denied Grandparent Visitation Rights With Your Grandchild?
Is it right for a grandmother to be banned from seeing her grandchild? The California Court of Appeals recently decided on this issue in the case of Joyce R. Finberg v. Philip Manset, et al. In this case, the paternal grandmother (i.e. the mother of the child's biological father) requested visitation rights with her grandchild but the child’s biological mother and step-father objected. Joyce R. Finberg v. Philip Manset, et…
Read MoreDo Grandparents Have Visitation Rights in California? – Family Code Section 3100-3105
Do grandparents have visitation rights in California? Under California law, a grandparent can ask the court to grant reasonable visitation with a grandchild. To grant a grandparent reasonable visitation with a grandchild, the court must: Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” When the court finds that such a bond exists between grandparent and grandchild the court can find that visitation between…
Read MoreGrandparent Visitation Rights in Orange County – Family Law Code Section 3102
Grandparent Visitation Rights commonly applies in a situation where the parents of a deceased parent seek to have visitation rights as to the deceased parent’s child, over the objection of the surviving parent. If your deceased son or daughter’s ex-partner refuses you visitation rights as to your grandchild, contact an Orange County Wallin & Klarich Family Law attorney who may be able to help you to secure these precious rights.…
Read MoreWhat is guardianship in San Bernardino and who can be a guardian?
What is Guardianship? A guardian will have both physical and legal custody of the child. The guardian will be responsible for making decisions about the child’s well being and physical care of the child. A guardian is typically not a birth parent of the child, but is an adult that is willing and able to assume these responsibilities. The parent, child or court may nominate a guardian. San Bernardino Guardianship…
Read MoreCan a Grandparent Vistiation be Supervised If I Have Concerns About that Grandparent? [Family Code Section 3102]
Under California Family Code Section 3102, a child’s grandparents may be granted reasonable visitation with the child if one parent of a child is deceased and it would be in the best interest of that child. But the family law courts do take into account the surviving parent’s considerations, especially if the surviving parent objects to the grandparent visitation. Recent Grandparent Visitation Case In a recent case heard by the…
Read MoreCan My Children’s Grandparents Obtain a Restraining Order Against Me that Protects the Grandparents and My Children? [Family Code Section 6323]
The simple answer to this question is yes. However, that leads you to the follow up questions of how can the grandparents of my children get a protective order against me and is this even allowed by the courts? When applying for a domestic violence restraining order, anyone who is related to the person being restrained either through blood or marriage can obtain a restraining order. Further, if the person…
Read MoreKnow Your Rights: Grandparents Can be Granted Visitation Rights Under the Law
The Courts in California may grant reasonable grandparent visitation of a minor child if the court finds that visitation by the grandparent is in the best interests of the child. The statute exists in the California Family Code Section 3103. Procedurally, Notice of the grandparent's petition for visitation rights must be given to each of the parent of the minor child, including any step parent or any person that has…
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