San Jose Grandparent Visitation Lawyer
Many grandparents dote on their grandchildren and want to see them as much as possible. Sometimes the parents don’t want their children around the grandparents for various reasons. Or maybe there is a long distance between them, so visits are infrequent.
As a loving grandparent, you may wonder what legal rights you have in regards to your grandchildren. How can you see them more often?
While there’s not much the law can do if your grandchild’s parents are married, you may be able to get visitation or even custody under California law. You can petition for visitation rights if any of the following applies:
- The parents are living separately.
- The child does not live with either parent.
- A parent’s whereabouts are unknown for a month or more.
- One parent is deceased.
- The child has been adopted by a stepparent.
However, a grandparent’s rights are not automatically granted. The court will consider the best interests of the child when making decisions about visitation.
Grandparents’ rights may vary depending on the specific circumstances of each case, so it’s advisable to consult with a family law lawyer. Contact a San Jose grandparent visitation lawyer from Argyris Mah, LLP to get the advice you need.
What the Law Says
In California, under Family Code Section 3100, the family court is allowed to grant reasonable visitation rights to the grandparent of a minor child. The court may grant a grandparent reasonable visitation rights whether or not a parent of a minor child is deceased.
In California, the family law court will not automatically give a grandparent any visitation rights with their grandchild. A petition must be filed with the court. If a family law case between the grandchild’s parents has already been filed, such as a divorce or paternity case, the grandparent may join that case and ask for grandparent visitation rights. However, if a family law case has not been opened, then the grandparent must start a new case.
However, in order for the California family law court to grant a grandparent visitation rights with their grandchild, the court must find that there is a pre-existing relationship between the two and ensure that the best interests of the grandchild are kept in mind.
It is important to note that if a grandparent is granted visitation by the California family law court and the circumstances change, either parent of the grandchild can request that the court terminate the grandparent visitation order. If the parents request that the grandparent visitation order be terminated, the court must grant the parent’s request and end all visitation rights given to the grandparent.
Contact Our San Jose Grandparent Visitation Lawyers for Help
Grandparents have rights when it comes to their grandchildren, but the rights of the parents prevail. If you are a grandparent, make sure you understand your legal rights.
A San Jose grandparent visitation lawyer from Argyris Mah, LLP can assist you in maintaining a bond with your grandchild. We believe in family values. Schedule a consultation by calling (408) 214-6366 or filling out the online form.
