San Diego Grandparent Rights Attorney
Grandparent Rights in California
Grandparents often share a special bond with their grandchildren. But, there are times when this bond is hard to maintain because of family issues. A death in the family, a strained relationship, or moving away can take that bond away from grandparents.
California provides help to grandparents who find themselves cut out of the grandchildren's lives. If you're a grandparent who needs to establish visitation rights to see your grandchild, contact The Law Office of Thomas M. Huguenor.
Visitation with Grandchildren in San Diego
Grandparents DO NOT automatically have visitation rights with their grandchildren.
The law assumes that a parent's wish to keep the child away from a grandparent is legitimate. The grandparent must show that such visitation would benefit the child.
Grandparents can petition for child visitation rights in the following circumstances:
- Parents are separated
- Parent's location is unknown
- Child doesn't live with either parent
- Child was adopted by a stepparent
In general, grandparents CANNOT file for child visitation rights if the parents are married. If one parent has lost legal rights to the child as a result of stepparent adoption, California grandparents still have visitation rights, but they need to petition for visitation.
There are also times when a Grandparent may wish to fight for custodial rights if parents are incapable of caring for their children, are incarcerated, or have passed away without leaving behind a custody plan.
No matter your situation, a San Diego family law attorney at The Law Office of Thomas M. Huguenor can help.
Common Questions About Grandparent Visitation Rights in San Diego
What if my grandchild moves away from California?
Under the law, grandparents can visit their grandchildren in any state they move to in the country. The Visitation Rights Enforcement Act lets Grandparents can see grandchildren anywhere in the United States if they have visitation rights in one state.
What happens if my adult child dies?
Your child's passing doesn't change your visitation rights. The death of a parent doesn't mean that grandparents are cut out of the family. Grandparents still have the same rights to see their grandchildren as before the tragedy.
What if my grandchild is adopted?
Your grandchild being adopted DOES NOT cut off your visitation rights.
Can I be awarded custody of my grandchild?
This depends on the situation. There are two ways to seek custody rights as a non-parent: adoption and guardianship.
Here are the differences between the two:
- Parents still have rights to make decisions about what's best for kids
- Parents have visitation and contact rights
- Guardianship can end and grandchildren returned to parents if court decides parents are capable of raising kids
- Guardians are supervised and have to check in with the court
- Parent's rights to make decisions about their children are ended
- Parent's have no rights to visitation or contact
- Adoption parents aren't under court supervision
Certified Family Law Specialist Assisting Grandparents in Southern California
The Law Office of Thomas M. Huguenor fights to protect the rights of grandparents trying to keep a relationship with their grandchildren. With one call to our office, we can get the facts of your case and determine what your next steps should be.
In these situations, we make sure cases progresses quickly. We can file for immediate visitation and get your relationship with your grandchildren back where it should be. Navigating the legal process is overwhelming for many grandparents, but help is available.
As a certified family law expert, Thomas Huguenor has handled many San Diego grandparents' rights cases. Don't risk the well-being of your grandchild to a less experienced attorney. Contact The Law Office of Thomas M. Huguenor today at (858) 458-9500 to schedule your initial consultation.