Divorce is not only tough on children and parents, but also on the extended family. Aunts, Uncles, and grandparents also feel the negative effects of divorce. As grandparents, it is easy to feel that you will lose your relationship with your grandchildren after a divorce. It is important that you are aware of your visitation rights when it comes to seeing your loved ones.
For example, if one parent gets sole physical custody, can the family of the other parent still visit the child? These are valid questions and our divorce attorneys have the answers. Speak with a family law attorney at our firm today to learn about your visitation rights as a grandparent.
Determining Grandparents' Rights in California
Grandparents are seen as a third party, so rights can be limited by law- this is mostly because the law recognizes that parents typically know what it is in the best interests of their children. This could make seeking visitation an uphill battle for most grandparents.
Every state has different laws regarding grandparents' rights; most states will allow grandparents to seek visitation rights in the event that the parents get divorced. California State does recognize that the relationship between grandparents and grandchildren is something that should be recognized. However, every family law case is different and there is a careful balance that must be maintained between parental rights and authority and the interests of the children.
In California, grandparents are not allowed to file for visitation right if the parents are still married unless one of the parents is petitioning with them. However, there are a few exceptions to this rule including:
The parents live separately
The parents have been missing for over a month
A stepparent has adopted the child/children
The child lives with someone other than their parents
When the parents are divorced, grandparents are permitted to petition for visitation. The only obstacle would be persuading the court that grandparent visitation would be appropriate for your given situation. If the court sees that the grandchildren have fit parents who have denied grandparent custody, then they may choose not to interfere with their decision.
However, if you can prove that grandparent visitation would be best for the children, then you may be awarded visitation rights. As a grandparent in this situation, it is always wise to maintain a good relationship with the custodial parent so that you can maintain a close bond with your grandchildren.
Family Law Attorney in Pasadena, CA
Looking for a lawyer for a grandparents' rights case in Pasadena? In order to persuade the court to award you grandparent visitation rights, you will need the assistance of an experienced family lawyer. Here at the Law Office of Fritzie Galliani, APC, we have been helping families for over 30 years. We know how important family is and we strive to obtain the best possible outcome in every family case.
Our legal team provides top-notch family law advice and we offer effective family solutions. We are intimately familiar with California law and the rights that grandparents hold in court. If you are looking for an attorney for a grandparents' visitation rights case, then we are here to help. Schedule a consultation with our firm today to discuss the details of your case.
Contact our firm today to speak with our Pasadena family law attorneys by calling (626) 314-6738!