Grandparent Visitation and/or Custody legal issue[s] are not simple to implement. There are many factors that must be proven in a Court of Law for 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 and/or custody; the answer is yes you do.
There are many complicated issues to Grandparent Visitation and/or Custody legal matter[s] to be considered. First if you believe that there has been any child abuse of any kind, we have resources that will swiftly respond to assist. ‘It Just Takes A Call.’
The Court will only grant an Order for visitation to the Grandparent[s] if the parent they are related to has no custody or visitation to the child[ren]; or extremely limited access, such as supervised visitation.
In order to prove that a Grandparent[s] have the right to custody; You would have to prove that it would be detrimental to the child[ren] to reside with either parent first. However, 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 place in the custody of either parent. The Grandparent[s] are then joined to the Family Law Action.
In order to prove that a Grandparent[s] have the right to visitation or custody; A ‘Joinder’ to the Dissolution/Paternity Action and then a Motion For Visitation and/or Custody has to be filed and you must go through the same procedure as the parent[s].
Being that this issue is very complicated and very legally confusing issue, you need a strong legal advocate on your Family side with your goals in mind set.
Your issue may be time sensitive, please contact our Law Firm to set-up your Initial Consultation.
Please read the FAQs’ prior to your Initial Consultation.
We file in all California Counties and Cities. In addition, B J Fadem represents Clients throughout California, the United States and foreign countries with regard to Hague Matters.