How to Exercise Your Grandparent Rights In California

While kids are generally raised by their parents, in some special cases, their grandparents can take on the responsibility. In cases like the untimely death of parents or imprisonment of both parents, grandparents may be given the custody of children.

Custody Rights

Depending upon the situation, grandparents can be awarded temporary or permanent custody of children. If you are looking to get the custody of your grandchildren, it is best to seek out the help of a qualified attorney. Depending on your case, they can give you honest feedback on whether you can be awarded custody or not. It is possible to take custody from a parent and give it to a grandparent. However, it can be complicated if the parent decides to take legal action. In such a case, the grandparent would need to provide evidence of activity that could put the child’s interests at risk.

Visitation Rights

Grandparents may be given visitation rights in three basic situations. A parent may have died. In this case, the judge may grant the visitation rights to the parents of that parent if that is necessary to protect the interests of the children.

In cases where the parents are divorced, grandparents might join the divorce proceedings and seek visitation rights. The court will grant the visitation rights if it is convinced that allowing the grandparent(s) to visit the children will be in their interest. The grandparents may also seek visitation rights in cases where the parents of the child are not legally married.

The third situation is more complex. If the parent who is awarded the sole custody of the child objects to visitation by grandparents, the court will have to consider several things. Generally speaking, the grandparent who seeks the visitation must have a strong relationship with the child. However, the court will not announce a verdict before balancing the parent’s authority to deny visitation rights to the grandparents.

The courts presume that mentally fit parents will never do anything that hurts the interests of their child. This presumption may weigh against grandparents who seek visitation rights. If you want to gain custody or visitation rights over your grandchildren, contact the Law Office of Anne Dowden Saxton for a free consultation.

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