It often occurs that, following a divorce, the grandparents of the children involved lose a lot of the time they were accustomed to spending with their grandchildren. Under California law, there is not an in built assumption that the grandparents should be granted access to their grandchildren. It is thus vital to have a knowledgeable attorney fighting for your rights; these situations require a creative address in order to effectively pursue the outcome you desire.
UNDERSTANDING YOUR RIGHTS AS A GRANDPARENT
It may become necessary for a grandparent to step into a family law situation if they are the most suited to care for the children. In some cases, even when the nuclear family is still intact, there may be legal action taken for the grandparents to seek visitation rights. If the biological parents are not caring for the child as they should, for example, the grandparents could step up to fight for child custody. Unfortunately, the law does not always protect these rights as they should.
All too often, grandparents have seen grandchildren taken away from them following the death of their child should their child’s spouse deny them—even if they previously maintained a healthy relationship with their child. In some cases, only when grandparents served as de facto parents where they lived in the same household were they able to maintain visitation rights. Because this is a complex area of the law, we encourage you to speak with the lawyer at our firm.
WHEN CAN GRANDPARENTS PETITION FOR VISITATION RIGHTS?
Certain conditions must exist and be proven in order to successfully petition for child custody and visitation rights. If one of the parents is deceased, visitation rights may be granted to the grandparents. Otherwise, the only condition that technically applies is “where circumstances show that conditions exist which equity would see fit to intervene.”
If you are concerned for the welfare of your grandchildren or if you can show you are an established and vital element in the children’s lives, the court may render a decision in your favor. Ultimately, the court will act in accordance with what it deems to be the child’s best interests; thus, any action you take must effectively address this central issue.
ASSERTING GRANDPARENTS’ RIGHTS IN CUSTODY CASES
At the Aubry Law Firm, we know that this is a tricky area of the law, but we are prepared to help in every way possible. With us, you will have an advocate on your side who is prepared to go the distance to protect your rights. We go above and beyond in our efforts to provide clients with the high-quality legal assistance they need, when they need it most. When you are fighting for your rights, it’s crucial that you are represented by a California child custody lawyer.
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