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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.

Call (619) 577-4900 to schedule a 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 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.

  • California State Bar Certified
  • Best Arbitrators & Mediators in San Diego 2018
  • Super Lawyers
  • Avvo 10.0 Rating
  • The National Trial Lawyers: Top 100 Trial Lawyers
  • The National Advocates: Top 100 Lawyers

Words From Our Clients

  • I would recommend this firm to anyone going through this difficult period in their lives. Garcia, P.
  • Very professional and friendly, and really took my case to heart. BW
  • I felt much less anxious and more prepared for my own divorce/custody experience. Elena
  • Mr. Klueck is a very knowledgeable and competent attorney. Michael
  • The Best! Sheri D.
  • I highly recommend him and his team! Brian
  • She kept me informed at each step and showed up at every hearing. Client
  • Traci was thorough, nonjudgmental, and more than helpful! Jessica
  • It feels good to have you on our side. Kevin
  • Mr. Klueck is someone who is very knowledgeable and will go to bat for you 110%. Renee
  • This is the best Family Law Firm in San Diego. Derek G.
  • Great Job! Alex N.
  • G.K is beyond amazing. Lisa J.
  • I'm very happy with how things turned out. Jenny Y.
  • Extremely Knowledgeable. Renee J.
  • I HIGHLY recommend the firm for any Family Law issues! Family Client
  • For the first time in this 10 year ongoing ordeal, I feel I have a powerhouse in my corner! Veronica
  • Your firm is truly wonderful! Joan S.
  • His office staff including himself are extremely knowledgeable and respectful. Jessica
  • Absolutely Amazing Beatriz