May 15, 2013 By Paul Wallin

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.

What is the law in Orange County regarding Grandparent Visitation rights (FLC 3102)?

Orange County Family Law Lawyers
An Orange County Family Law Attorney can help you gain the grandparent visitation rights you need to visit your grandchildren.

The law regarding grandparent visitation has constitutional aspects and is very complex.

California FLC 3102 allows relative visitation over the objection of the surviving parent under certain circumstances. However, the landmark U.S. Supreme Court case of Troxel v. Granville (2000) 530 U.S. 57 seemed to disallow such visitation because it found, among other things, that in that case the surviving parent was a fit parent, the surviving parent’s determination of what is in the best interests of the child had special weight, and the surviving parent had allowed “meaningful visitation” to the grandparents.

In Hoag v. Diedjomahor (2011) DJJAR 15328, however, the California Supreme Court upheld the validity of FLC 3102, noting that in Grandparent Visitation cases, the court needs to balance [1] giving special weight to a parent’s decision in regard to supporting (or not) the relationship a child has with his deceased parent’s relatives and [2] the court’s job to review such decision, [3] keeping in mind what is in the child’s best interest.

What can a Family Law attorney do for you if you seek to have Grandparent Visitation rights?

If you seek to have Grandparent Visitation rights (FLC 3102) in Orange County over the objection of the surviving parent, Wallin & Klarich can provide you with crucial strategic representation at every stage of the process. Negotiation with the other party is often the first step in resolving a family law dispute, and you are in a better position to make informed decisions if you have the guidance of Wallin & Klarich. The experienced and knowledgeable attorneys at Wallin & Klarich can also assist you in mediation collaborative law to reach an agreement with the other party.

If the need arises, Wallin & Klarich is prepared to effectively and aggressively assert your rights in family court. Wallin & Klarich will help you navigate the intricacies of the various potential negotiations and hearings involved. Wallin & Klarich will also seek the most cost-effective method for achieving your goals.

Wallin & Klarich has over 30 years of experience successfully representing our clients in grandparent visitation proceedings. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 749-7428. We will be there when you call.

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