Grandparent’s Rights Attorneys in Carlsbad
Protecting Grandparents and Their Visitation Rights
Contrary to popular belief, grandparents do not have the absolute right to a relationship with their grandchildren. In fact, under current California law, grandparents can ask the court for visitation orders granting visitation with a grandchild but only under limited circumstances.
The Court Will Always Act in the Best Interests of the Child
In order for a family court judge to make grandparent visitation orders, the court must find that there was a pre-existing relationship between the grandparent and the grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that visitation is deemed to be in the best interest of the grandchild.
The court must also balance the best interest of the child in having visitation with a grandparent against the rights of the parents to make decisions about their child. The right of a parent to make decisions affecting the child’s upbringing is a constitutionally protected right.
Generally speaking, so long as the parents of the child are married and living together, grandparents have no right to request visitation and any motion made would be denied by the court. However, once the parents separate and/or divorce, a grandparent may be able to obtain visitation orders so long as a bond has previously been established between grandparent and grandchild.
Grandparents may also seek visitation with grandchildren over the objection of one parent when their own child (the other parent) has passed away. This allows for the children to maintain a connection with both sides of the family despite the passing of one parent.
How Griffith, Young & Lass Can Help
At GYL, we want to help grandparents maintain their relationship with their grandchildren, so long as it’s in the best interests of all parties involved. If such is the case for you, but your rights have been compromised or denied due to extenuating circumstances, contact a Carlsbad grandparent’s right attorney from our team for help.
It was the best decision I’ve made yet and hopefully, it will be yours too.- Ian R.
Understanding, accessible, and I was very happy with the outcome of my case. If I could give a higher rating I would!- Jennifer P.
All three lawyers worked together on the issues surrounding my case, which helped greatly when I was in need of answers or support.- Kelsey L.
I couldn’t have made it without them! I highly recommend them!- Frankie S.
Worth every penny! My custody case went as stress-free as it could possibly be.- Emily B.
I highly recommend GYL if you are ever in need of a family law attorney.- Kimberley F.
Highly professional and supportive in a very uncertain time in my life.- K. Brooks
Always willing to listen to your concerns. I would highly recommend.- Ann M.
Extremely helpful, responsive, and reasonable and got the job done amidst tenuous circumstances.- Jeremy R.
I felt like she was practical and knowledgeable and most importantly, she listened.- David R.