There are a lot of blogs discussing a spouse’s visitation rights after a divorce. But what about grandparents? What visitation rights do they have in the state of California?
As a grandparent living in Ontario, CA, you have a right to maintain the relationship you have with your grandchildren even after their parents have filed for divorce. If you’re unsure of how to exercise these rights, contact the law offices of Terrence L. Howell without delay. Terrence is an experienced family law lawyer in Ontario CA dedicated to protecting the rights of grandparents to be with their grandchildren, no matter how messy the divorce proceedings may be.
You Have to Show That Visitation is in the Best Interests of The Grandchild
The courts always have the best interests of the child in mind when they make decisions about custody and visitation during a divorce proceeding. In order to be granted visitation rights, you must show that there your relationship has “engendered a bond” between you and your grandchild. Basically, you have to establish that the emotional bond you share with your grandchild means continued visitation would be in the best interests of your grandchild. In most instances, it’s fairly easy to show the court that you and your grandchild have the type of relationship that would qualify you for visitation rights.
Keep in mind that the court will have to find a balance between your rights as a grandparent to be able to visit your grandchildren and the rights of the parent(s) to make decisions about their child.
The Grandparents’ Visitation Rights Court Process: What to Expect
Petitioning the court for grandparents’ visitation rights can be a challenge. Ontario, CA family law lawyer Torrence L. Howell is here to guide you through the process. First, you’ll have to determine if there is already a family law case filed between the grandchild’s parents (such as a divorce, a parentage case, a child support case, or a domestic violence restraining order). If there isn’t an open case, you may have to file a petition with the court to open a new case. In order to open a new case, you’ll have to submit a ‘Request for Order” form with the courts.
After you’ve filed papers in court to ask for visitation, they will review the papers and assign a court date. In the meantime, the law requires you to give notice to the parents (or anyone else who has physical custody of your grandchild). This is done through “service of process.” – the legal way of informing someone about a court case or a petition you have filed in court.
A lot of times, the judge will order you to go through mediation with Family Court Services mediation to work out a visitation agreement with the parents. If this fails, the judge will make a decision on visitation rights based on the best interests of the child.
Get Help From an Experienced Family Law Lawyer in Ontario, CA
We know how special the bond between a grandparent and grandchild can be. Just because you’re children are getting divorced doesn’t mean you have to sacrifice your relationship with your grandchildren. As a leading family law lawyer in Ontario, CA, Terrence L. Howell has successfully represented grandparents in Ontario, Ca, and surrounding communities in a wide range of visitation rights cases.
Contact the law offices of Terrence L. Howell through our website or call us at (909) 920-0908 to discuss your case.
