South Bay Family Law Attorney
Grandparents' Visitation Rights
Are you concerned that you will not be able to see your grandchild/grandchildren anymore because the parents are divorcing? Perhaps you have already been refused access and want to assert your visitation rights.
California law does recognize grandparents' rights, but there are many conditions and exceptions. Child custody lawyer Thomas Polinger has 30 years of experience in family law. He can explore your legal standing to petition for grandchild visitation and press your case in court.
The Law Offices of Thomas M. Polinger in Hermosa Beach practices in the South Bay area, West L.A. and throughout Los Angeles County. Arrange a consultation at 310-697-8868.
Do You Have Grandparent Rights? Yes and No
In a landmark case in 2000, the U.S. Supreme Court limited and defined Grandparents rights California revised the Family Code in 2007 to reflect the Supreme Court stance but acknowledge grandparent rights in other cases:
- If the parents are still married and living together, grandparents have no standing to petition the court.
- If the parents are separated, divorced or divorcing, grandparents can petition for visitation.
- If one of the parents is deceased or absent, grandparents also can assert visitation rights.
The court must find a pre-existing relationship that has engendered a bond between grandparent and grandchild, and that continuing contact is in the child's best interests. The court must also balance the child's interest with parental authority in determining "reasonable" visitation.
In short, a court can order a specified amount of time to see your grandchildren, and that order can be enforced. Grandparents may also join a son or daughter's divorce action (or paternity action) in order to stipulate to visitation.
Visitation depends on the specifics of your situation, and your lawyer's ability to convince the judge that the child benefits from contact with Grandma or Grandpa. Contact Mr. Polinger at 310-697-8868 or contact us online to arrange your initial consultation.
