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When Can Grandparents Seek Visitation or Custody?

Blogs from June, 2023

Grandparents and Child
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Grandparents play an important role in the lives of their grandchildren, providing love, support, and guidance. In some cases, parents may be unable to provide the care and attention their children need, leaving grandparents to take on a more active role in their grandchildren’s lives. However, in California, grandparents have limited legal rights to seek visitation or custody of their grandchildren.

Grandparent Visitation Rights

In California, grandparents may seek visitation rights if the parents are unmarried, if the parents are married and the marriage has been dissolved, or if one of the parents has died. Grandparents may also seek visitation rights if the child is adopted, or if the parents are in the process of a legal separation or divorce.

In order to be granted visitation rights, the grandparents must demonstrate that the visitation is in the best interest of the child. The court may also consider the nature of the relationship between the grandparents and the child, the amount of time the grandparents have spent with the child, and the amount of contact the grandparents have had with the child.

Grandparent Custody Rights

In California, grandparents may seek custody of their grandchildren in certain circumstances. In order to be granted custody, the grandparents must demonstrate that the custody is in the best interest of the child. The court may consider the nature of the relationship between the grandparents and the child, the amount of time the grandparents have spent with the child, and the amount of contact the grandparents have had with the child. The court may also consider the parent’s ability to provide for the child, any history of abuse or neglect, and the child’s preference, if the child is of sufficient age and maturity.

Seeking Legal Assistance

Grandparents who wish to seek visitation or custody of their grandchildren should consult with an experienced family law attorney. An attorney can help grandparents understand their rights and guide them through the legal process. The Law Offices of Christopher L. Hoglin, P.C. is experienced in helping grandparents seek visitation or custody of their grandchildren. We understand the importance of grandparents in a child’s life, and we are dedicated to helping grandparents protect their rights. Contact us today to learn more about how we can help you.
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