If you’re a grandparent, you know how special your relationships with your grandchildren are. They are the light of your golden years. With their boundless energy and affection, they help you remember what you were like when you were young. They appreciate spending time with you, hearing your stories about the past and learning new skills like fishing and golfing by your side. There’s something really beautiful about the bond between a grandparent and grandchild—something that a parent, who’s often preoccupied with their daily upkeep, can’t quite attain. Grandparents are frequently removed just enough that they can see the big picture of their grandchild’s upbringing, always watching to make sure the child is growing up to be happy and healthy.
California law honors the special bond between grandparent and grandchild by extending certain grandparent rights, which include visitation. If you’re a grandparent who would like to legally gain access to your grandchildren, here’s what you need to know.
First, at Kendall Gkikas & Mitchell, we heartily recommend trying to set up visits with your grandchildren outside of the California court system whenever possible. Taking your son or daughter to court as an attempt to strong arm them into letting you look after their child for an afternoon every week (or whenever you’re requesting visitation) will most likely lead to lots of tension in your relationship.
Instead, respectfully and kindly, speak with the child’s parents about why you would like to visit your grandchild[ren]. Explain in detail the benefits for them and for your wellbeing as well.
If they still won’t agree, consider mediation. At Kendall Gkikas & Mitchell, we offer mediation services to all our clients to assist them with peacefully working out disagreements outside of the court system. You can trust that we will do everything in our power to reach a reasonable agreement between both parties, so everyone can go on to live in harmony in the future. Family disagreements can be incredibly stressful, but we’ll work hard to help you work out your differences and reach a favorable outcome. Call 909-482-1422 to set up an initial consultation to begin mediation right away.
But if mediation still doesn’t work, there are legal options available to you. However, there is one important stipulation: for the grandparent to have visitation rights, the parents must not be legally married.
However, there are exceptions to this rule:
- The parents are separated and aren’t living together.
- For at least a month, one parent’s whereabouts are unknown.
- One parent joins the grandparent’s petition for visitation.
- The grandchild doesn’t live with either of his/her parents.
- The grandchild has been adopted by a stepparent.
To grant a grandparent visitation rights, the California court must find that the grandparent and grandchild have a preexisting relationship that is in danger of being lost if visitation isn’t granted. Having visitation must be in the best interests of the grandchild. Another key component to the court’s decision will be the effort to strike a balance between the parent’s authority to make decisions for the child and the premise that the grandparent’s visitations are in the best interests of the child.
If you do end up going to court with your grandparent visitation rights case, you will need the best legal advice and representation possible to increase the likelihood of reaching a favorable outcome. Kendall Gkikas & Mitchell has successfully represented grandparents in their visitation court cases for decades, so you can count on our brother-sister attorney duo to deliver positive results. To get started with an expert initial consultation, just call 909-482-1422 to set up an appointment.
