The Law Offices of

B J Fadem & Associates, APC

Certified Family Law Specialist

San Jose Divorce lawyer

Grandparent Visitation and / or Custody are not a simple legal issue to implement. There are many factors that must be proven in a Court of Law for the Visitation and or Custody to be granted. The number one factor is the welfare of the child (ren). You may not know that you as a Grandparent(s) have the Legal right to fight for either Visitation or Custody; however we are here to tell you, you do.

We are here to quell all your fears, give you hope, and open doors for you that you never thought possible; as you have stood by and watched helplessly as your Grandchild (ren) has either been neglected, abused, or abandoned. We are here to tell you, you can help. However, it won’t be an easy process. Yet, we are here to stand by your side. We are here to tell you, you are not alone any longer.

First if you believe that there has been any child abuse of any kind, we have resources that will swiftly respond to assist.  We urge you to call us immediately.

Grandparent Visitation and or Custody are not commonly known about while the parent(s) are still alive. However, you do have other options.


Common questions are:

Can a Grandparent get a Court Order for Visitation?

The Court will only grant an Order for Visitation to the Grandparent if the parent they are related to has no Custody or Visitation to the child (ren).

Can the Grandparent get Custody of the minor child?

You have to prove that it would be detrimental to the child (ren) to reside with either parent first. But there is a statutory protocol before a “non-parent” can be granted Custody.  Essentially it must be determined that it would be detrimental to the child (ren) to be placed in the Custody of either parent.  The Grandparents are joined to the Family Law Action.  It is recommended for the Grandparents to file for guardianship of the grandchild (ren) in the Probate Division of the Superior Court.

Do Grandparents have rights to Visitation?

Yes, but only if the parent does not have Visitation rights or has extremely limited Visitation, e.g. “supervised visitation”.

How would a Grandparent obtain their own Visitation Order?

They would have to file a “Joinder” to the Dissolution/Paternity Action and then a Motion for Visitation and go through the same procedure as the parent(s).

Can your Law Firm file our Legal documents in any County?

Yes.  We can file in all California Counties and cities, including but not limited to: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humbolt County, Inyo County, King County, Lake County, Lassen County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Placer County, Plumas County, Sacramento County, San Benito County, San Francisco County, San Joaquin County, San Mateo County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Yolo County, and Yuba County.

Seeking sound legal counsel with regard to Grandparent Custody or Visitation is a very important decision.  Making the wrong or uninformed decision could cost you your family.  Helping families is what Attorney B J Fadem does.

Our Attorneys are skilled at helping clients with Grandparent Custody or Visitation legal issues and making the process as civil and polite as possible. We hope that your case will go to Mediation first or to a Settlement Conference. This will save you both time and money. However, if the Opposing Side does not hold these ideals in high regard, we will be prepared to litigate at trial.

Your issue may be time sensitive.

Please contact our office to set-up your Initial Consultation.

Please read the FAQs prior to your Initial Consultation.

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Regarding Domestic Violence here are some links for immediate help: