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.

Se habla Espanola

‘It just takes a call’

Regarding Domestic Violence here are some links for immediate help:


Client Testimonials
  • BJ Fadem was my lawyer in a child custody case. He was incredible. He knew my fears and took the time to ease everyone of them. BJ was helpful with everything. He is about fair and what is best. I would not have made it through the process without him. BJ is a compassionate, knowledgeable, and straight forward. I would recommend him for anyone that is in need of a Family Law lawyer. Hated going through it, but he made it incredibly painless!Posted by Scot
  • I hired BJ Fadem and Associates to enforced my divorce settlement. BJ Fadem and Associates read through the entire divorce settlement and wrote a letter to my ex-husband pointing out what was not being enforced. BJ is very kind and makes you feel comfortable talking about the situation. BJ and his staff followed through on getting the tasks done and my ex husband complied with his responsiblities. The best possible outcome I could have expected and I couldn't have reached that result without BJ Fadem and his team!Anonymous
  • I have had several opportunities to consult with this law firm over the past few years. I have always received timely and courteous responses to my inquiries. The reason I return time and time again is knowledgeable employees and the respect I am treated with. I also think that the noncondensending matter in which I was treated was a prime factor. It was hard enough to go through what I did, I appreciated not being talked down to by some old stuffy lawyer. Though I have only consulted with Fadem Law, I have referred a few family members who were totally happy with the outcome of their cases.Posted by Claude
  • Mr Fadem is extremely knowledgeable of the laws. Felt he was very in tuned to my needs and fought those. Would definitely would use again. HIGHLY RECOMMENDPosted by Sharon
  • I endorse Mr FADEM Loved The Way He Went To Bat For Me Very Skilled!!! Mostly He Listened When I Thought I Had No Hope!!! Thanks For CaringPosted by Darrell Fears
  • I had a previous attorney who so screwed up my divorce that I almost lost my home, custody and my business!!! When I did my initial consultation with Mr. Fadem, him and and his staff immediately started working on my case to get things saved! The professionalism, customer service and legal knowledge this firm has is incredible!! I can't say enough!! My case is still going on. However, I am so grateful for all they have done and are doing on my behalf!Posted by anonymous
  • I have worked with Mr. Fadem on many occasions and he is as intelligent, professional, and dedicated as they come. His knowledge of family law is outstanding and I refer him to anyone who needs a specialized and highly skilled family law attorney.Posted by Emily
  • As a father with an extremely challenging custody situation, I went through several attorneys before retaining BJ Fadem. Without a doubt BJ has helped my case and my family reach favorable results more quickly and effectively than the collective effort of my first three attorneys combined. Based on years of favorable results and such a positive experience there is no way I would use any other law firm for custody or family law matters. BJ Fadem is absolutely one of the finest custody attorneys in the bay area.Posted by Gary
  • Professional and Skilled. Great Law Office! Mr. BJ Fadem is a knowledgeable and skilled attorney with great experience. Thank you!Larry
    California Jan 27, 2014