It’s well-known that grandparents love to cuddle, spoil, and cherish their grandchildren. But when tensions arise in their son or daughter’s relationship and divorce becomes inevitable, that bond they share with those children can be threatened. The threat is even greater for those who are not on good terms with their son- or daughter-in-law or with their own child. Although the state of California does not recognize grandparents as holding natural legal rights over their grandchildren, we believe that you do have the right to maintain your relationship with your loved one and are prepared to fight to defend that. Often, a strong bond with their grandparent is key to a child’s emotional and behavioral development, and to sever that would harm both of them. That is why our family law attorneys are dedicated to fighting vigilantly for grandparents’ rights in Riverside, a place where strong legal representation will give you your best chance at saving your and your grandchild’s relationship.
Visitation rights for grandparents are extremely complex in California, and there are a few reasons why the issue arises. Divorce is the most common occurrence that spurs the need for grandparents to take legal action. Unfortunately, they cannot typically file for visitation rights if the parents are still married. Yet there are a few other circumstances when Riverside county allows grandparents to request rights other than divorce. This is most simply achieved when one parent supports the petition, although it does not guarantee that the rights will be granted if the other parent is not in favor of it. Grandparents can also petition the courts during a legal separation, when the grandchild is adopted by a stepparent, and when the relationship is shown to benefit the child. This last one gives plenty of leeway to grandparents who might feel that the odds are stacked against them. If you and your skilled grandparent’s rights attorney can convince the judge that you and the child shared a strong bond before the divorce occurred and that keeping that bond would be in the child’s best interest, you can win this battle. Even if one or both of the parents are against you, the judge always makes decisions based on what is best for the child, which does not always follow what the parents want.
Filing for grandparents’ rights in California can be confusing and intricate. There is a detailed petition that you must carefully fill out, and other forms may be required from Riverside county depending on whether there is a family court case open and what kind of case that is. If you fill out these forms incorrectly, it might not matter how strong your argument is, since you can lose the chance to ever-present it to the judge. This is why it is so important to discuss your case with a family law attorney who is well-versed in grandparent’s rights. Our team at Schank& Associates will ensure that you are informed of your rights, know the process of petitioning for visitation in California courts, and fill out each detail on the form correctly before you submit them. Thus, you will step before a judge armed with an arsenal of information and an innovative representative at your back. By meticulously identifying which aspects of your relationship with your grandchild are most pertinent to the petition, we will craft a solid case to persuade the judge that keeping contact with your loved one will give them the best chance in life. You will have to inform the mother and father that you are petitioning the courts before you go before the judge, which can be daunting if you are not on good terms with one or both of the parents. We will guide you through that process and ensure that you are protected and defended if any arguments arise. Every step of the way, we will be with you, showing compassion and dedication.
If the judge has already granted one parent sole physical and/or legal custody over the child and that parent has told you that you are no longer allowed to see their son or daughter, don’t lose hope. Ultimately, it is entirely at the judge’s discretion whether or not you will be granted visitation rights, and the parent does not have the legal authority to deny you access. This only means that you need to make your argument that much stronger and fight that much harder to keep in touch with your grandchild. And that is where we come in. Please, give us a call for a free consultation so we can tell you exactly how we will be able to assist you in this trying time.
Some tragic circumstances call for more immediate action. If you feel that your grandchild is in a harmful situation and may be experiencing abuse, neglect, or maltreatment at the hands of their current caretakers, then it is time to be proactive. Whether you feel that they would be better cared for by you or by another, you can request that legal guardianship be granted to someone other than their current custodian. This is an extremely difficult and intricate process that we can assist you with. Simply contact us and let us know of the details and we will begin crafting your case with the care and attention you and your grandchild deserve.