How can grandparents get custody of grandchildren in california

According to the August 31, Do Grandparents Have Rights in California? Categories Child Custody. Related Posts.

Oct 19 Child Custody During the Holidays With Halloween and other major holidays right around the corner, the holiday season is quickly approaching. In such cases, the court has the ability to terminate parental rights and award custody to a grandparent. A California family court will need to see compelling evidence that a child would be best served by visitation or custody being provided to a grandparent.

If you are a grandparent and you believe that your grandchildren are not being properly cared for, consult an experienced family law attorney right away. Our team has a great deal of experience in protecting the rights of San Diego grandparents. The well-being of your grandchild is too important to leave to chance. Every family is different, but every parent, every child, every grandparent will no doubt feel loss when relationships change due to dissolution.

Whether you are a parent trying to figure out the best way to maintain the stability of relationships that your kids have with the parents of an already, or a soon-to-be ex-spouse, or a grandparent who feels alienated from a grandchild, it is important to seek good legal advice. The family law attorneys at Minella Law Group have much experience dealing with the many issues that face families upon divorce. Call our attorneys at if you are a parent or grandparent who needs help understanding or protecting your rights.

The procedures for seeking visitation and or protecting your rights are complicated; we can help you. Watch Video To Discover. Grandparents may attempt to discuss the subject of visitation with parents on their own, or they may seek the assistance of a neutral third-party mediator.

If the issue remains unresolved, grandparents may petition the court to obtain a visitation order. All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur. The scope of grandparent visitation rights varies significantly between states.

Restrictive visitation statutes allow grandparents to obtain a visitation order only in the following situations:. Even if the above requirements are met, a grandparent will only be granted visitation rights if the court finds that visitation is in the best interests of the child and that visitation does not interfere with the parent-child relationship. A majority of states have enacted permissive grandparent visitation statutes.

Permissive visitation laws allow grandparents to obtain visitation orders so long as visitation is in the best interests of the child.

Visitation is typically found to be in the child's best interests if a grandparent can show evidence of a consistent and caring relationship between grandparent and grandchild, and if the visitation does not interfere with the parent-child relationship. Restrictive and permissive visitation statutes have been challenged in court by parents who argue that visitation orders interfere with a parent's fundamental right to make decisions for his or her children.

The United States Supreme Court has struck down such permissive visitation laws, finding that the parents of a child have a constitutional right to control the child's upbringing that overrides any third parties' petitions for visitation to which a fit parent objects. Troxel v. Granville , U. Last reviewed October Child Custody and Support Contents. Legal Custody Joint vs. Child Custody and Support.