Grandparent’s Custody and Visitation Rights

The relationship between a child and his or her grandparents can be very special and important to both parties. Unfortunately, there are many circumstances that can interfere with it. When parents divorce, pass away, or become estranged from their own parents, grandparents may find themselves fighting a legal battle just to spend time with their grandchildren.

If you need assistance protecting your right to spend time with your child or grandchild, the San Diego child custody attorneys at Fischer & Van Thiel, LLP can fight for you. To schedule an initial consultation, call our offices at 760-722-7646.

Grandparents’ Rights

As a general rule, the courts recognize parents’ right to make choices about who can spend time with their children. However, grandparents can petition for official visitation rights if:

  • The child’s parents are currently undergoing custody hearings
  • One of the child’s parents has passed away
  • A third party has received custody of the child
  • They are the parents of the child’s non-custodial parent

In order to receive visitation rights, grandparents must be able to demonstrate in court that:

  • They have an established relationship with the child
  • Continuing this relationship is in the child’s best interests
  • They will not interfere with the child’s parents’ custody or visitation rights

In some cases, a child’s grandparents can also petition for guardianship or custody of the child. If the courts agree, the grandparents may eventually be allowed to adopt the child and obtain full parental rights with regards to him or her. Grandparents may receive child custody if:

  • The child’s biological or adoptive parents have both passed away
  • The child’s parents are found to be abusive or unfit
  • The child’s parents voluntarily relinquish custody to the grandparents

Unfortunately, cases involving child custody can often become highly complex and frustrating for all parties involved. For the experienced guidance you need during a custody hearing, call our San Diego child custody lawyers today.

Contact Us

Fischer & Van Thiel, LLP are knowledgeable and committed San Diego divorce lawyers. Contact our offices at 760-722-7646 to discuss your case today.

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