San Diego Grandparent Rights Lawyers
Protecting the Bonds of Extended Family with the Law
"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.
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 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 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 form.