San Bernardino Grandparent's Rights Attorney
Grandparent's rights to visitation with their grandchildren have been the cause of much controversy over the past few years. Spending time with grandparents is a precious and essential part of a child's life. The loving and nurturing relationships that grandparents have with their grandchildren often provide many benefits for years to come. Unfortunately, as a result of divorce, separation, parents not being married to one another, or death of a parent, a grandparent's rights to visitation often fall by the wayside. The courts are cognizant of the significance that the grandparent-grandchild relationship has on a child and because of this, have implemented procedures by which grandparent rights may be enforced.
San Bernardino California Law on Grandparent Visitation
Under California Family Law, a grandparent may request reasonable visitation rights in a divorce, separation, or nullity proceedings that involves both of the parents of the minor child. However, if the parent with legal custody opposes such visitation, the law requires that the grandparent establish that the visits would be in the child's best interest. Conversely, in San Bernardino, a grandparent's rights to visitation may not be ordered by the courts if the visitation conflicts with a right of custody or visitation of a birth parent that is not a party to the proceeding.
In order to obtain visitation rights to grandchildren, grandparents should file a petition during a divorce, separation, or nullity proceeding so that their rights are protected. During such proceedings, the law requires that the grandparent petitioning the court for visitation participate in mediation proceedings. The nature and the extent of the grandparent-grandchild bond is one of the biggest factors that courts consider when awarding a grandparent's rights to visitation. The longer and more solid the relationship is between the grandparent and the grandchild, the more likely the court would award visitation rights. On the other hand, if the relationship is superficial, with a history of little contact, the less likely the courts would award visitation.
Other Pertinent Grandparent Rights FAQs
- How grandparent's rights to visitation are affected when his or her adult child's parental rights are terminated - Family Code §3102 (c) - Sadly to say, if your child's parental rights have been terminated, you no longer claim grandparent status, unless your grandchild is adopted by a stepparent or the other set of grandparents.
- What visitation rights do grandparents have when the child's parents were never legally married? - Family Code §3104 - If the parents of the child were never married to one another, a grandparent can file a petition to enforce their grandparent rights to visitation.
- What happens if a grandchild is adopted? - Family Code §3020-3424 - When adoption occurs, natural grandparents may still be awarded rights to visitation.
Let San Bernardino Grandparent's Rights Attorney Michael R. Young Help Enforce Your Rights!
The laws governing the rights of grandparents to visit with their grandchildren are complicated. While recent legislation has increased the scope of a grandparent's rights to visitation, there are limitations as to when and why such rights will be awarded by the courts. At the San Bernardino grandparent's rights attorney office of Michael R. Young, we help grandparents enforce their rights to visit with their grandchildren successfully and effectively. San Bernardino grandparent's rights attorney Michael R. Young is experienced in all aspects of family law and will not hesitate to litigate disputed matters when necessary.
As a leading San Bernardino grandparent's rights Lawyer, Michael R. Young has seen the devastating effects that divorce, death of a family member and other family law disputes can have, especially when they concern children. At the San Bernardino grandparent's rights Lawyer office of Michael R. Young, we understand how difficult litigating such matters can be, and we will work with you every step of the way to help insure that your goals are achieved!
Contact us about your legal matter today!