Grandparents' Rights

Grandparents’ Rights Lawyer in Irvine, CA

Family Law Representation in Orange, San Diego & Los Angeles Counties

While married and even after being divorce or separated, parents can allow grandparents to remain involved in their grandchildren’s lives. This is a personal decision that does not require any authority by a family court judge. Parents and courts view this as beneficial to these children, especially when grandparents have established loving relationships and played an integral role in their grandchildren’s lives.

When a divorced or separated parent refuses to allow a grandparent to continue their relationship with a grandchild through visitation, it then becomes a contested issue. Grandparents must file a petition with the court seeking visitation rights to their grandchildren. A family court judge will determine the outcome. At Writer Law Group, PC, we can represent you in cases involving grandparents’ rights, no matter what side of the issue you are on. As a Certified Family Law Specialist, our Irvine attorney is well-versed and extremely experienced in helping you seek a favorable outcome.

Arrange for your free 30-minute consultation with our Irvine grandparents’ rights attorney concerning your case. Use our online contact form or call us at (949) 353-6151.

Grandparents’ Rights in California

You may seek permission to remain in contact with a grandchild after the child’s parents have separated, divorced, or even while the parents are still married, under certain conditions. Unfortunately, grandparents bear the legal burden of showing the court that visitation with their grandchild remains in the child’s best interests. Courts do not automatically assume this. In fact, they assume that parents have a legal right to deny grandparent visitation since they are the main caretakers of the child. This holds true whether parents have joint custody or one parent has sole custody. 

Courts will review a range of factors when determining this issue. Their primary consideration is the child’s best interests. 

Judges will consider factors such as:

  • The nature of the pre-existing grandparent-grandchild relationship
  • The frequency of prior grandparent and grandchild interaction
  • How grandparent access may affect the child’s wellbeing
  • Whether anyone seeking visitation has engaged in previous family violence
  • Whether a grandparent has a history of alcohol or drug abuse 
  • The child’s preference if older than 14

If your grandchild’s parents are still married, you can only seek visitation rights with the child when specific conditions exist. These conditions include the separation of the parents, a missing parent, a stepparent has adopted the child, a criminal court has incarcerated a parent, the child no longer lives with either parent, or one of the parents backs up your petition for visitation. 

Writer Law Group, PC puts superior legal skill and client care on your side. Contact us to learn more about your rights at (949) 353-6151

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