San Jose, CA Grandparents’ Rights Lawyers Fighting for Our Clients To Get Reasonable Visitation Rights
One of the greatest joys of life is making memories with your grandchildren. When you have spent years bonding with them and watching them grow, the idea of suddenly not seeing them anymore can be devastating and impossible to move past. Unfortunately, this is precisely what happens in some families when the child’s parents get divorced or when one parent dies.
If a significant change between the child’s parents has caused your relationship with your grandkids to suffer, it’s time to consider taking legal action to protect the grandparents’ rights that are available to you in California. Scheduling a free consultation with experienced family law attorneys at our San Jose law firm will ensure that you know your legal rights when it comes to grandparent visitation and child custody. Contact us today to discuss your options.
Can Grandparents Request Visitation?
First, it’s important to note that if your grandchild’s parents are still married and have legal custody of their child, you typically don’t have a legal right to request grandparent visitation. The parents reserve the right to decide who can visit with and care for their children, so if they agree that you should not have contact with the family, it will be difficult to fight the parent’s decision.
However, there are some exceptions to this. You may be able to get visitation rights as a grandparent if you can prove that one or more of the following is true:
- The child’s parents no longer live together
- The child no longer lives with either parent
- One parent has been missing for at least one month
- A stepparent adopted the child
- One of the child’s parents has joined your petition for grandparent visitation
If you can show that the child’s life has changed drastically and they may benefit from having contact with a loving, supportive family member other than the parent, you have a chance of preserving your visitation rights as a grandparent. If you need help figuring out where to start or what kind of evidence you will need to be granted visitation rights, come to our law firm for legal guidance. Our grandparents’ rights lawyers in San Jose, CA have successfully handled numerous family law cases for clients who just wanted the best for their beloved family members.
Do Grandparents Have Custody Rights?
In some cases, grandparents’ rights extend to child custody, not just visitation. This may occur when it’s clear that the safest, most stable place for a minor child is with their grandparents. These are some of the most common reasons for grandparents to pursue legal and physical custody of their grandchildren:
- The biological parents struggle with alcohol or drug abuse in the home
- The biological parents are deceased
- The parents suffer from an untreated mental illness
- The parents are deemed unfit to care for their minor child
- The parents agree to give up their custodial rights and give the grandparent child custody
If it’s apparent that your grandchild’s parents are unfit or uninterested in properly caring for their minor child, initiating a child custody case may be the right thing for you to do. It’s essential to ensure that your grandchild is safe and loved after dealing with the aftermath of an absent, unfit, or deceased parent. If you can step up and take on a parental role, you should consider pursuing physical and legal custody.
You might even think about going through the adoption process, in which case you would terminate the parental authority of the biological parents and become the adoptive parents of your grandchild. Skilled grandparents’ rights lawyers in San Jose, CA will counsel you on the right approach to take to protect the grandparent visitation or custody rights you’re entitled to, or even to initiate a judicially approved parental role of your grandchild. Contact us today to discuss your legal options and start your case.
What Do You Need to Prove to Get Visitation Rights?
The most important thing to remember is that it must be in the child’s best interests for you to remain in their life, as this is what a judge will consider before making a decision. This means you and your lawyer should be focused on proving that the child will benefit from your continued presence in their life.
You can start this process by showing that you have a preexisting relationship with your grandchild. After all, if it seems like you and your grandchild do not have a bond and that you’ve never made an effort to create one, a judge will probably not grant you visitation rights. This is especially the case if the natural or adoptive parents do not want you to have contact with the child for any reason.
However, if you and your grandchild have an established relationship, you will get the chance to prove this to the judge. Some of the types of evidence you can show include photos and videos of you with your grandchild, as well as receipts for items and experiences you may have purchased for them during your time together. Of course, statements from witnesses who have seen you spending time with and caring for your grandchild can also help. Those witnesses might include family members, close friends, the other parent, and the grandchild in question.
The more evidence you have of an existing relationship that benefits the child, the stronger your case will be. If you have concerns about the care the child gets from their parent, and you can provide proof that spending more time with you would be in their best interest, you have a higher chance of success when it comes to the visitation order. Experienced grandparents’ rights lawyers in San Jose, CA know what kind of evidence will help your case the most, so contact us today if you’re ready to begin your legal fight for visitation or custody rights.
How Can Family Law Attorneys Help You with Visitation Rights?
If you are considering using the legal system to ensure you can see your grandchild, you should hire a team of lawyers to help. This can be a complex legal fight with lots of emotions involved. Saying or doing the wrong thing in front of a parent can reduce a grandparent’s chances of staying in the life of his or her grandchild, so it’s best to leave the fight for grandparents’ rights in the hands of legal professionals.
At Argyris Mah, LLP, we have years of experience assisting with family law issues involving everything from divorce and legal separation to child custody and child support. So, no matter what significant family changes have happened in your grandchild’s household, our legal team has likely dealt with a similar case and can counsel you on your next steps.
Whether you wish to seek custody of your grandchild or want the right to see them as often as you used to, our lawyers are eager to help you. We understand the importance of preserving the bond between grandchildren and grandparents, and we know how to use California’s family laws to do so. If you are ready to maintain the grandparents’ rights that you’re entitled to so you can see your grandchild, contact our law firm at 408-214-6366. We can schedule a time for you to meet with one of our caring, skilled attorneys during a free initial consultation, so please call today.