Riverside Grandparent Rights Lawyer
Attorneys Serving Riverside, Corona, and Moreno Valley
What Are My Rights as a Grandparent?
In the event that your child is deceased, out of the country (for example at war), incarcerated or otherwise absent, you may petition the court for visitation with your grandchild. The purpose of visitation rights is to ensure that a grandchild has the opportunity to bond and form relationships with family members from both the mother's and the father's families. The grandparents will not have support obligations or legal custody rights.
Upon engaging in a custody proceeding, the court will set a hearing date to determine the best interest of the grandchild. It is possible that the grandparent and parent will have to attend mediation or Child Custody Recommending Counseling in order to come to an agreement. It is the grandparent's responsibility to show that it is in the best interest of the grandchild to maintain contact with them, especially if the other parent objects to the visitation.
My son and his wife were divorced and he has recently passed away. Is it possible for me to get visitation with my grandchildren?
You can petition the court for visitation with your grandchildren. You will need to provide evidence to the court as to why it would be in the best interest of the children to maintain contact. The judge will make a determination regarding visitation.
My daughter was never married but has two children. The father has custody and my daughter is not involved with the children. I have not seen or had contact with the children in about two and a half years. Is it possible for me to get visitation with my grandchildren?
You can petition the court for visitation. You will need to explain why it would be best for you to have visitation and you may also need to explain why there has not been any contact for so long.
Can You Sue for Grandparent Rights?
In California, you cannot sue for visitation with children that are already living in a family that is intact. This goes against other laws that protect families already together. However, there may be other legal options to help your unique situation.
I would like to visit with my grandchild but she lives out of state. Can I still get visitation rights?
You will have to check with the state in which the child currently lives. If the child has been living there for six months or more, it is very likely that you will have to pursue the matter in that state. If the child has been there for less than six months, you can petition the court in California.
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