You may have heard of parental rights, most likely mother’s rights or father’s rights, but have you heard of grandparents’ rights? Created to preserve the bond grandparents may share with a child, grandparents’ rights legally allow grandparents to file for visitation or custody if certain requirements are met.
What Exactly Are Grandparents’ Rights?
Grandparents’ rights are the legal rights for visitation of custody of their grandchildren. Grandparents’ rights can apply to grandparents and great-grandparents of the child, no matter the age of those filing.
If the parents of a child have no issue with the child’s grandparents spending time with the child, then the grandparents will not need to be issued a court order for visitation. However, if the parents of the child are undergoing a divorce or other legal matter and are revoking or denying visitation with their family to punish others, then a court order may be needed to see the child.
What Are the Requirements To File?
For a grandparent or great-grandparent to file for child custody or visitation, one of the following must occur:
- One of the child’s parents has passed away,
- The child’s parents are still married but going through a period of separation,
- The child’s parents are not married,
- The child already has a pending child custody case,
- One of the child’s parents is in prison or institutionalized,
- One of the child’s parents is missing and is unable to be located,
- The child has been adopted by a stepparent, or
- The grandchild is not living with either parent or is in the foster care system.
The courts will consider a grandparent or great-grandparent’s filing for custody or visitation if it is in the child’s best interests to maintain the bond with their grandparents. If the courts believe that visitation with grandparents or custody is in the best interests of the child, then visitation or custody may be granted. However, there are certain instances where custody or visitation may be granted and later revoked, such as if one parent is imprisoned or institutionalized and is later released.
Similar to a child custody case with the child’s parents, the courts will also consider the environment the child would be in, any substance abuse issues with those involved, and the health and safety of the child if visitation or custody were to be granted. The courts will also consider the preexisting relationship that exists between the child and its grandparents when making their decision.
San Bernardino Grandparents’ Rights Lawyers
Our attorneys at Law Office of Michael R. Young understand that as a grandparent, you want to continue to care for your grandchildren. Our grandparents’ rights attorneys are compassionate and skilled at fighting for that special bond grandparents share with their grandchildren.
Are you a grandparent seeking visitation or custody of your grandchild? Call us today at (909) 315-4588 or contact us online to schedule an initial consultation.