Grandparents can petition for visitation
Southern CA Grandparents’ Rights Lawyer
Understand Your Rights as a Grandparent
In 2000, the U.S. Supreme Court issued a decision on grandparents’ visitation rights in the Troxel v. Granville case. Before this case, a judge could grant visitation rights to anyone, even over the objection of the parents, so long as the visits were considered in the best interest of the child. This ruling has severely complicated the rights of grandparents when it comes to seeing their grandchildren. The effect of this decision is that many states now have statutes that only allow grandparents to petition for visitation when there has been a serious breakdown in the relationship with the natural parents. The Troxel decision clearly shows the intent of the court to give natural parents exclusive say as to visitation and custody of their children as long as they are alive and competent.
How Can I Pursue Visitation?
Fortunately, California is fairly permissive when it comes to giving court orders regarding visitation of grandchildren to grandparents. In deciding to grant visitation rights to anyone, a court will always place the interests of the child first.
For a court to order visitation, you must show that, in doing so, the child’s interests will be advanced.
Visitation rights are determined by a court based whether or not a pre-existing relationship has “engendered a bond.” The court is also directed to balance the interest of the child with the parents’ rights and authority to make decisions.
In particular, judges may grant visitation to grandparents when:
- Parents have been mostly absent from the children’s lives
- Grandparents played a significant role in raising and caring for the children
- Parental incarceration or parental death has occurred
- Grandparents’ involvement in the children’s lives can be shown to be in the children’s best interests
Discuss Your Case with an Experienced Family Attorney
At Holstrom, Block & Parke, APLC, our Southern California family law attorneys can provide you with clear information regarding your rights as a grandparent. Whatever the circumstances of your case, we can help you navigate your legal options through aggressive representation and legal advocacy.
Speak with an experienced attorney from our firm about this issue.
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