Santa Ana Grandparents Rights Lawyers

As a grandparent, you love your grandchildren and would likely do anything to stay in their lives. When a family goes through a significant change, like a separation or divorce, one parent may try to prevent their children from seeing their grandfather or grandmother. This unfortunate dynamic can prevent your grandkids from growing up with the love, advice, and care they could receive from you.

Fortunately, grandparents do have legal rights in the state of California. As a grandparent, you have the right to visit your grandchildren and maintain a relationship with them. If you believe that your grandparents’ rights are being violated, a grandparents’ rights attorney on our team is here to help. We will review your case and present your legal options to maintain your rights and see your grandchildren regularly. For a free consultation, call Sarieh Family Law, at 714-694-7723.

What Legal Rights Do Grandparents Have?

When parents are still legally married, grandparents typically do not have any legal visitation rights. However, this can vary depending on the specific circumstances of your case. Grandparents are not entitled to visitation rights while the parents are still married unless the following factors are true:

One or both parents are incarcerated
The whereabouts of the child’s parents are unknown
Parents have drug or alcohol abuse problems that make them unfit for custody
Parents do not have physical custody of the child
Parents have psychological issues that prevent them from caring for or raising the child
One of the parents files a legal claim for visitation along with the grandparent seeking visitation

If the parents are divorced or one parent is deceased, the state of California recognizes the bond between children and their grandparents.

To get visitation rights after a divorce or death, grandparents must do the following:

Prove that there was a preexisting relationship between the grandparent and the child.
Prove that it is in the child’s best interest to maintain this relationship.
Balance the child’s best interests between grandparent visitation and the rights of the parents to make decisions about their child.

How Can a Preexisting Relationship Be Proven?

To establish visitation rights, grandparents must prove they previously had a relationship or bond with the grandchildren. Grandparents must prove this bond in court, which is much easier with the help of a family law attorney.

Evidence that can be used in court includes:

Receipts of previous financial support
Statements from the grandchild or the parents
Eyewitness testimonies
Photographs or videos
Statements supporting the grandparents’ intentions

In most cases, courts will attempt to balance grandparents’ rights with the rights of the parents. Parental rights will almost always be given favor in court, barring extreme circumstances. With an experienced attorney on your side, you can advocate for your rights and protect the best interests of your grandchildren while maintaining your right to visitation. Our team can help you file a petition in court to grant visitation rights.

Can a Parent Deny a Grandparent Visitation Rights?

After a divorce, some parents will attempt to deny visitation rights to grandparents. Although California acknowledges grandparents’ rights, parents are not obligated to respect those rights unless court-ordered. If you believe your rights are being infringed upon, it is essential to reach out to an experienced attorney today. Our team can assist you in protecting your rights in court and building a solid case to prove why your bond should be protected under the law. We can also gather evidence on your behalf to prove that a parent is denying your rights unlawfully or unreasonably.

Can a Grandparent Get Custody of Their Grandchild?

In some cases, a court will grant child custody to a grandparent. This is often done if both parents cannot take care of their child. Legally, a parent’s rights always take precedence. If a grandparent can prove they have a parent-child relationship, the court may grant them custody.

Child custody cases can vary, but generally, you must prove one or more of the following factors:

The legal parent is unable or unwilling to provide adequate care for the child.
The grandparent is the primary caregiver or recently was the primary caregiver for the child.
The parent has encouraged or consented to the relationship between the child and the grandparent.
The parent has restricted or denied contact between the child and grandparent unreasonably.
Denying custody would be detrimental to the child.

Even if you prove all of these claims, there is no guarantee that the court will grant you custody. Judges often attempt to prioritize parental rights, even in cases where the maternal grandparents or paternal grandparents are the primary caregivers. With an experienced family law attorney on your side, you can plead your case and prove to the court that taking custody is in the best interest of the child.

Do I Need a Grandparents Rights Lawyer?

The relationship between a grandparent and a grandchild is an essential dynamic in a family. Contact a grandparents’ rights lawyer immediately if you are denied visitation rights after a divorce or separation. Our team will gather evidence on your behalf and craft a strong case to prove in court that your relationship with your grandchild is beneficial for them.

Navigating this complicated family law matter on your own can be very difficult, but we are here to help. Our team at Sarieh Family Law will review your case and offer a free consultation before developing a legal strategy that works for your unique situation. Call us today at 714-694-7723 to learn more about what we do and how we can help you.