One of the most heartbreaking aspects of divorce is that it affects not only the couple who is separating but those close to them. Children get roped into the chaos and pain, and it doesn’t stop there – many times, grandparents have also been ripped away from those they’ve come to love and care for, finding that they are no longer allowed to stay in touch with their grandchild. Many things can cause grandparents to lose their ability to contact the child, but perhaps the most difficult to overcome is a troublesome relationship with one or both of the parents. Sometimes the mother or father will outright prevent you from seeing your grandchild. This can be especially debilitating if you feel that the child is not being cared for adequately, but you are not able to help care for them yourself. Do not lose hope. While grandparents do not have natural legal rights over their grandchildren, a skilled family law attorney can help them petition the city of San Jose to grant them visitation privileges. If you are currently experiencing this painful situation, contact our office in the Bay Area for a free legal consultation tailored to your case.
The grounds on which grandparents can ask for these rights are complex. Typically, they request them after the child’s parents have gone through a divorce. However, Santa Clara county outlines a few special circumstances in which grandparents can petition the courts when the parents are still married, such as when the mother and father are legally separated, when one parent supports the petition, and when the child has been adopted by a stepparent, etc. The city of San Jose will also grant these rights if they are proven to be in the best interest of the child, which can be an extremely vague standard. However, that ambiguity is not necessarily a bad thing, since it provides an accomplished family law attorney with plenty of room to argue for your rights in the San Jose courts. Even if you do not have the best relationship with your own child or your son- or daughter-in-law, you deserve the right to maintain the bond between you and your grandchild. It can be difficult to show a judge exactly how the relationship benefits your grandson or granddaughter, especially if the child is under a certain age or the parents have a vendetta against you. However, our team has years of experience in these matters and offers expert, compassionate legal assistance for grandparents in the bay area, identifying and utilizing the exact details needed to defend your rights. The way in which you request visitation from Santa Clara courts is also complex. There are no forms in the State of California specific to grandparent rights, and Santa Clara county deals with this in a different manner than other counties. Thus, the city of San Jose can require you to submit documents that you may not be familiar with. Our local attorneys have worked within the city’s courthouses and guided others through this process numerous times before, learning exactly what the courts will request of you given your specific situation. These requests will depend on several things, namely, whether the child’s parents already have a case filed within San Jose family courts and the nature of that case ((e.g. whether it is divorce, restraining order, child custody dispute, etc.).
And this is where Schank & Associates will come in. We will appraise the current situation, review each form before you submit them, identify the most powerful reasons why the judge should grant you rights, and advocate fiercely for you and your grandchild. At times, you may also be called to schedule a meeting with the child’s parents in the presence of a mediator to discuss the case. It is ideal to have a family lawyer help you prepare for and be present with you during this stressful occurrence, and we will do just that. In the final steps of the process, you will have to present your case before a judge or a commissioner, and we will walk with you into the courtroom and fight for you every step of the way. There are situations where only one parent has been given sole custody over the child and you may not be on the best terms with that parent. However, simply because they have the right to make decisions regarding the child’s life, does not mean that you cannot request your own rights from the city of San Jose. This only means that your case needs to be that much stronger and your attorney is that much more vigilant, compassionate, and persuasive, such as Christian Schank and his team. Parental rights are considered highly by Santa Clara courts; however, we understand that your desire to care for your grandchild extends beyond the courtroom. Your love for this child should be allowed to flourish, and our attorneys will work hard to make that happen.
Our San Jose Grandparent Rights Attorneys proudly serve the following Santa Clara County Neighborhoods within San Jose, CA: North San Jose, Silver Creek, Almaden, Alderbrook, Chaboya, Almaden Meadows, Sunrise, Brookvale Chantel / Calabazas North, Almaden Valley, Evergreen.