What’s California’s Stance on Grandparent Visitation Rights?
Up until the landmark Washington State case Troxel v. Granville was decided by the United States Supreme Court in 2000, grandparents’ rights to visitation were routinely granted in cases throughout the country. After Troxel, the legal landscape changed considerably. Now, absent a court ruling that the parent or parents raising the child are unfit, grandparents face a difficult, uphill battle in their quest to obtain visitation rights, over the objection of a parent or parents.
At Holstrom, Sissung, Marks & Anderson, our lawyers can provide you with clear information concerning your rights as a grandparent, guidance about your legal options moving forward and the aggressive representation you will need for what lies ahead. To speak with an experienced attorney from our firm about this issue — call any of our three Southern California office locations directly or contact us online.
When Is Visitation for Grandma and Grandpa Okay
If both parents object to a grandparent’s visitation request, it is difficult overcome unless, again, the parents are unfit. If one parent supports the request, is absent or deceased, grandparents who want to obtain visitation rights in a pending child custody matter must demonstrate that it is in the best interests of the children and that the children will not suffer detriment if the grandparent visitation request is granted.
California courts have granted visitation rights to grandparents in situations where grandparents have played a major role in raising and taking care of the children and where continued involvement in the children’s lives can be shown to be in the children’s best interests.
In cases where the parents are drug addicted, abusive, neglectful or otherwise unfit, grandparents have had success in obtaining visitation rights, legal guardianship and even legal custody of their grandkids.
To learn more about your rights as a grandparent or about what our lawyers can do to help — call any one of our office locations directly or contact us online.
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