Every grandparent wants to believe they’ll be able to hold their newborn grandchild as soon as they get out of the hospital. And every grandparent wishes they could come and visit their grandchildren whenever they please, regardless of the relationship they have with the parent(s). The truth is, as much as it might break their heart, grandparents’ rights to visit grandchildren are much different than a parent’s, but, nonetheless, gaining visitation as a grandparent is most definitely possible and may even be necessary before you can visit your grandchild(ren).
Grandparents Don’t Have Guaranteed Visitation Rights
It’s important to note that in the state of California, grandparents must receive permission from the legal parents of the child whom they wish to visit as, generally, visitation rights are not automatically given to grandparents. The parents can allow grandparents to visit as much or as little as they feel is necessary and fair.
However, even if the parents deny visitation to a grandparent, the grandparent can legally seek visitation rights, that is, as long as certain requirements are met.
A Grandparent Can Go to Court to Get Legal Visitation to See Their Grandchild(ren)
Initially, a grandparent who wishes to receive visitation rights for grandchildren will have the opportunity to attempt to mediate the matter with the parents. However, if an agreement cannot be made, the case will be heard before a judge who will help make the final decision based on numerous criteria.
For instance, the child’s overall health and wellbeing, parents’ and grandparents’ history of drug/alcohol abuse, history of domestic abuse of the individual(s) seeking visitation/custody, and the previous interactions and general relationship of the child between parents and grandparents involved will all be considered.
Keep in mind that just like you can attempt to ask the court for visitation rights, the parents of the child can also legally dispute your request and attempt to deny all visitation completely, that is, if there is solid evidence that shows that you will be harmful or neglectful to the needs and safety of the child.
Get in Touch with Attorney Howell to Help Get Grandparent Visitation
Are you wanting to get legal, reasonable permission to visit with your grandchild(ren)? One of the best ways to do that is with a Family Law attorney. Attorney Torrence L. Howell has experience with grandparent visitation and would be more than happy to help walk you through the process.
You can receive a free consultation with Howell now by dialing (909) 920-0908.