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Carlsbad Grandparent Rights Lawyers

Skilled Family Law Attorney in Carlsbad Providing Assistance With Your Rights as a Grandparent

Matters of child custody are complex legal issues for parents and even more so for grandparents. Although the state of California has guidelines that ensure parents can remain involved in the upbringing of their children, they do not apply to grandparents. That does not mean a grandparent cannot secure visitation rights. With the assistance of an experienced Carlsbad family law lawyer, you may petition the court for visitation rights under certain circumstances.

At Mattis Law, A.P.C., our family law firm can provide the advice and guidance you need to pursue grandparent rights. Call our law office today at (858) 328-4400 to schedule a free initial consultation with Amelia Mattis.

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An Overview of Grandparents’ Custody Rights

California family law states that a grandparent can petition the court for reasonable visitation rights when the parents get divorced, regardless of whether they both object. Grandparents may also file for custody if one or both parents die or if parental rights are terminated. Some of the factors a court will consider in such cases include:

  • What kind of relationship the grandparents had with their grandchildren and other relatives
  • The proximity of the grandparents’ home to their grandchildren’s residence
  • The age of the grandchildren
  • The health and safety of the grandchildren
  • The grandchildren’s schedule
  • The wishes of the grandchildren as well as their best interests

If you are petitioning the court for visitation rights, the burden of proving that visitation is in the children’s best interests is your responsibility. Hiring an experienced Carlsbad family lawyer to handle your case could improve your chances of a favorable outcome.

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Obtaining Custody as a Grandparent

There are some unique situations that allow grandparents to pursue custody of their grandchildren in California, such as:

  • One or both parents suffer from a severe mental or physical illness
  • One or both parents are in the military and are going overseas
  • One or both parents have a history of abuse
  • One or both parents are sent to rehab or jail
  • One or both parents are unable to care for the children

California family courts must make custody decisions based on the best interests of the child and who can provide a loving and stable environment. If granted custody, you would have the same responsibilities as a parent and provide food, clothing, medical care, dental care, education, and more.

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Seeking Grandparent Visitation Rights

Grandparents may sue for visitation rights in California if certain criteria are met. Generally, you cannot petition for these rights if the children’s parents are married, though there are some exceptions. These are the most common situations in which grandparents could seek visitation rights:

  • The parents of the children live separately
  • The whereabouts of one or both parents are unknown for at least one month
  • One of the parents supports the petition
  • The children are not living with either of their parents
  • The children were adopted by a stepparent

A knowledgeable Carlsbad family lawyer will guide you through this process and help you remain in the lives of your grandchildren.

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Schedule a Free Consultation with a Carlsbad Grandparent Rights Attorney

If you wish to obtain custody or visitation rights of your grandchildren, hiring an experienced Carlsbad grandparent rights attorney who can guide you through each step is essential. Mattis Law, A.P.C. in San Diego often takes on some of the most challenging cases and is committed to helping clients achieve the best possible outcome. Reach out to us today at (858) 328-4400 to schedule a free initial consultation and get started on your case.

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Additional Information

(858) 328-4400