There are many situations that can lead to a grandparent needing to work with a family law attorney. Whether it’s a situation in which the parents of your grandchildren have decided you can’t spend time with them for their own reasons, or your grandchild has been taken away from their parents, Kendall Gkikas & Mitchell can help. We are here to help you through this experience.
Your rights for visitation as a grandparent
Generally speaking, if you have a pre-existing bond with your grandchild, then you are eligible to file a petition for visitation rights. Your petition would need to show how your continued involvement with your grandchild is important to their nurturing and development. It would need to showcase how staying in touch is in the best interest of your grandchild.
There are of course exceptions to this. The best way to find out what your options are is to contact Kendall Gkikas & Mitchell at 909-482-1422. That said, there are some situations in which the courts are much more likely to grant visitation rights to grandparents. These include situations in which a parent has died, when the parents of your grandchild are married but living separately, or when a stepparent legally adopts your grandchild.
Situations in which you may not be eligible for grandparent’s rights of visitation
The family law courts are there to protect the rights of children, first and foremost. They will balance your legal right to see your grandchild with the rights of that child’s parents to make decisions for them. As a result, if both parents don’t want you to have visitation, then it can be extremely difficult to get rights of visitation. Note that a visitation order for grandparents can be terminated by either parent at any time.
Adopting a grandchild or becoming their guardian
In the event that the parents of your grandchild aren’t able to have physical custody of your grandchild – or they’re unfit to do so – then the court may appoint you as your grandchild’s legal guardian. In some cases, you may also be able to legally adopt your grandchild. That would permanently terminate all rights and responsibilities your grandchild’s parents had to them.
There are many factors you’ll want to carefully consider before you move forward to adopt or request guardianship of your grandchild. At Kendall Gkikas & Mitchell, we want to make sure that you understand every aspect of this situation and both the short-term and long-term consequences. Call us today to speak to an attorney about the ins and outs of grandparent’s rights.
You need an attorney who’s tough but fair
We have decades of experience with a host of family law cases, and that includes grandparents’ rights. We will always keep your grandchild’s interests in mind first and foremost, no matter the situation. If legal action is needed to protect them or ensure a fulfilling relationship with their parent, then we are here to help. Reach out to Kendall Gkikas & Mitchell at 909-482-1422 right away to set up your consultation and learn about your options.
