Grandparent visitation and custody rights in California
Child Custody Visitation Rights: The Grandparents Visitation Rights Attorney in Orange County California explains the following question, “Do grandparents have rights to visitation in California?” That depends on whether the parents are married and if there is a strong bond that can be shown between grandchildren and grandparents. Under the California Family Code, Section 3103, “The court may grant reasonable visitation to a grandparent of a minor child of a party to the proceeding if the court determines that grandparent visitation is in the best interest of children “, but the court must balance the interests of children to have visits with their grandparents with the rights parents to choose who their children see and visit.
It may be the best course of action for grandparents to keep the lines of communication open with parents and get permission for visitation from one or both parents. If court intervention is required the grandparents need to do the following:
Call a family law attorney with experience to help you file a request in Family Court.
In order for grandparents to file a request for Grandparent Visitation, the grandparents should be able to answer yes to the following questions:
1. Are the parents married? If parents are married and living together it will be better to try to obtain permission to visit from the parents, as a grandparent visitation petition will probably not be granted over the objection of both parents.
2. Are parents separated?, has one parent been absent from the lives of the grandchildren for 30 days or more ?
3. Is one of the parents wiling to participate with you in the application for grandparent visitation?
4. Is there a strong bond between you and the grandchildren? Have the grandchildren lived with you? Do you babysit or drop off or pick them up from school? If so you should proceed to the next step with the assistance of an experienced grandparents rights family law attorney.
THE PROCESS for Grandparent Visitation Rights:
1. Call Yanez & Associates for help with the necessary forms or go to the Self-Help Center on the first floor of the Family Court located in
Lamoreaux Justice Center: First Floor, Room 101
341 The City Dr. South, Orange, CA 92868
2. At Yanez & Associates will help you file a Request for Grandparent Visitation. We will notify the parent, stepparent, or any person who has physical custody of the grandchildren that you have filed a petition for grandparent visitation.
3. The notice shall be by certified mail, return receipt requested with postage prepaid, sent to the last
4. At Yanez & Associates we will present evidence or testimony to rebut the rebuttable presumption affecting the burden of proof that grandparent visitation is not in the best interest of the children, if the child’s parents agree that grandparents should not have visitation with the children.
5. You will have to explain to the court why visits with you is in the best interest of your grandchildren.
Consult With A Grandparents Visitation Rights Attorney in Orange County California
At the Orange County Family Law Offices of Yanez & Associates, we advocate on behalf of Grandparent Rights. If you find yourself in need of an experienced certified family law specialist call the Family Law Offices of Yanez & Associates today for a free consultation at 714-971-8000.
The Grandparents Visitation Rights Attorneys of Yanez & Associates handle Grandparents Visitation Rights cases in all of Orange County and Los Angeles County. Some of the city are as follows: Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Lake Forest, Los Alamitos, Mission Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Santa Ana, Stanton, Tustin, Westminster; Yorba Linda.