Grandparent Rights Your Divorce. Your Choices.

San Diego Grandparent Rights Lawyers

Protecting the Bonds of Extended Family with the Law

Smiling grandpa carries his granddaughter on his shoulders while her smiling grandma looks on."It takes a village to raise a child." This well-known truism highlights an important fact-children are provided the best life when they have access to all types of familial support, not just parents. If you are a grandparent looking to establish visitation rights with your grandchild, let our grandparent rights attorneys give you the answers and legal assistance you need.

Law & Mediation Firm of Klueck & Hoppes, APC has decades of collective experience handling family law situations of all kinds, especially regarding the well-being and custody of children. We have handled many situations where grandparents sought a legally-validated relationship with their grandchildren.

Call (619) 577-4900 to schedule a free consultation with a San Diego family lawyer. Our primary role is making sure you are aware of all your options and how to best pursue visitation rights with your grandchild.

When Do Grandparent Rights Apply?

Normally, when two parents are married (or have custody), they have decision-making power over their child's relationships with third parties, including grandparents. That means grandparents cannot petition for visitation if both parents (including their own child) forbids it. However, there are exceptions to this situation.

A grandparent may petition for visitation rights when:
  • A parent has died (Family Code 3102)
  • A dissolution or other family law proceeding is pending in which child custody is at issue (Family Code 3103)
  • The parents are not married to one another, or the parents are married but living apart on a permanent or indefinite bases, AND a parent has been absent for over a month and the whereabouts are unknown, or one parent joins in the petition, or a step-parent has adopted their grandchild, or the child is not residing with either parent, or one parent is incarcerated or involuntarily institutionalized. (Family Code 3104)
  • Parents are no longer living together
  • Grandparents sue for visitation in conjunction with a parent
  • The child does not live with his or her biological parents

The court will only grant visitation rights if the grandparent and the grandchild have had a prior bond, especially when continuing that bond is in the best interests of the child. Generally, the court will also consider whether the grandparent has been completely cut off from access to grandparents with whom they have the requisite bond.

The grandparent has the burden to prove by clear and convincing evidence that denial of visitation with the grandparent is not in the child’s best interest. Above all else, your grandchild's best interest is the court's highest priority.

Affirm Grandparent Rights Through Mediation

Mediation may also be a solution for you, rather than a court-filed petition. Mediation would allow you to develop a visitation agreement with your grandchild's guardians outside of the court's influence, allowing you to have a frank and open discussion. It is often an effective way to craft a legal solution without the emotional strain and tension of a trial.

Our attorneys are highly trained mediators, with hundreds of hours of legal specialization in the art of negotiation and mediated resolutions. If you want a peaceful and cooperative solution to your case, retaining a mediation attorney could be the answer you are looking for.

Contact Our San Diego Family Law Attorneys

For information regarding your specific case, you will want to discuss it in a free consultation with a legal professional. Our firm, which includes board-certified family law experts and highly-trained mediators, offers a one-hour consultation to help you get answers quickly.

Call us at (619) 577-4900 or contact us through our simple online contact form.

LEADERS IN FAMILY LAW

REASONS TO WORK WITH KLUECK & HOPPES, APC
  • Comprehensive

    As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case.

  • Collaborative

    Working together, we pull from our unique backgrounds and resources to achieve the best results possible.

  • Innovative

    We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably.

  • Dedicated

    We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.

  • She gave me my life back.
    ⭐⭐⭐⭐⭐

    “Traci Hoppes is top notch!! I literally owe her so much more gratitude than I could even give. She gave me my life back. My divorce was horrific. I was a stay at home mom raised our kids, still one at ...”

    - Lynne T.
  • We were successful, despite the opposing party's contention. Thank you again to Garrison Kleuck and his entire team.
    ⭐⭐⭐⭐⭐

    “I needed to hire a lawyer to assist with having my daughter's last name changed. Law & Mediation Firm of Klueck & Hoppes' handled everything for me. We were successful, despite the opposing party's ...”

    - Jennifer B.
  • I appreciate all the hard work everyone demonstrated during my legal issue, first and foremost Garrison
    ⭐⭐⭐⭐⭐

    “Garrison Klueck is an excellent attorney. I had an outstanding experience in all my interactions with Garrison Klueck. I had a difficult situation and he masterfully navigated throughout the entire ...”

    - Jean M.
  • If something arises in the future that requires me to retain another lawyer in family court, this will be the firm I go with again
    ⭐⭐⭐⭐⭐

    “I've used the firm multiple times for ongoing custody disputes. Every time, it has been a great experience. I have had Koryn Sheppard, and Amy West as attorneys at this firm, and both were wonderful, ...”

    - Aaron F.
  • Just a great experience during a very difficult time
    ⭐⭐⭐⭐⭐

    “I have only positive things to say about the Law & Mediation Firm of Klueck & Hoppes especially attorney Koryn Sheppard in particular. I entered into my new founded situation, not knowing how to ...”

    - Jason C.
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