Grandparents’ Rights

Grandparents' Rights Attorney in Riverside

Post-Divorce Custody and Visitation

Divorce, legal separation or the death of one or both parents of a grandchild may put a grandparent at risk of no longer being involved in the grandchild's life. If you wish to obtain visitation rights to see your grandchildren, it is important to speak with an experienced Riverside family attorney right away. Unfortunately, grandparents have very limited rights to child custody or visitation. Usually, the court will agree to grant grandparents visitation rights if the judge can be persuaded that it would be in the child's best interests.

However, if the child's parents oppose your involvement in their child's life, it will be much more difficult for you to convince the judge that you deserve the right to visit with your grandchild. In California, grandparents do have rights to visitation under certain circumstances. For instance, if the parents have a history of alcoholism, drug abuse, or domestic violence, the court may find it in the best interest of the child to be with their grandparents. If one or both parents have died, the court may grant visitation or custody to the grandparents.

Courts Focus on the Child's Best Interest

The court will look at various factors when determining what visitation and/or custody rights a grandparent should be awarded. They will always look out for the best interest of the child, including considerations like:

  • The welfare of the child and/or physical and emotional needs
  • The grandparents' capabilities to meet the child's needs
  • The wishes of the child
  • The relationship of the child and the grandparent
  • Evidence of substance abuse, physical abuse or neglect among the parents
  • The child's ability to adjust to a new home and community

If all of these factors indicate that the child will be more emotionally secure and/or physically safe within the custody of a grandparent, the court will likely award them custody. Without sufficient evidence to prove that this is in the best interest of the child and without competent legal assistance, however, it may be a tough legal battle to win.

Understanding Grandparents' Relationships

At Hanson, Gorian, Bradford & Hanich, our lawyers understand the value of a strong and loving relationship between children and their grandparents. We also understand that divorces, separations, and marital disputes can quickly become contentious, and can tear a family apart. If you are having difficulty gaining visitation rights to your grandchild, or if you have a question about your legal rights, an attorney at our office would be more than happy to meet with you to discuss your case.

We understand how frustrating it can be to feel like your hands are tied, and are committed to doing everything we can to help you gain access to your grandchildren. With many years of practice and experience, we have a solid understanding of family law in California and can answer your questions, inform you of your legal rights, and provide you with the trusted advice and guidance you need.

Get in touch with our Riverside family law attorneys to discuss your legal options in a free consultation. Call now at (951) 687-6003!