Helping Grandparents Protect Their Relationships With Grandchildren

Are you concerned that you will not be able to see your grandchild anymore because the parents are divorcing? Perhaps you have already been refused access and want to protect your relationship with your grandchild. The legal team at the Law Offices of Thomas M. Polinger can help.

What Rights Do Grandparents Have?

California law does recognize grandparents' rights, but there are many conditions and exceptions. Grandparents do not have the same child custody and visitation rights of a parent. Attorney Thomas M. Polinger has more than 35 years of experience. He know the options available to grandparents. Our team can explore your legal standing to petition for grandchild visitation and press your case in court if necessary.

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 for visitation
  • If the parents are separated, divorced or divorcing, grandparents can petition for visitation
  • If one of the parents is deceased or absent, grandparents can assert visitation rights

In order to be successful, 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 interest. The court must also balance the child's interest with parental authority when determining what, if any, visitation access a grandparent may be granted.

A court can order a specified amount of time for you 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 a visitation.

An Experienced Lawyer Who Is Ready To Protect Your Rights

If you have questions about grandparent visitation rights or other issues regarding your relationship with a grandchild, we are ready to help. For a consultation, call our Hermosa Beach, California, law office at 310-697-8868 or contact us online. We accept credit cards and can arrange evening or Saturday appointments upon request.