Home Encinitas Family Law Grandparent Rights

Encinitas Grandparent Rights Lawyers

Encinitas Family Lawer Dedicated to Protecting Your Rights to Your Grandchild

Child-related matters are complicated and some of the most emotional family law issues. Although grandparents typically do not have any rights to their grandchild, there are some circumstances in which they may pursue visitation or custody.

Mattis Law, A.P.C. takes on some of the most challenging family law issues and is committed to providing knowledgeable and compassionate legal support. Founding attorney Amelia Mattis was recognized as a 2022 Lawyer of the Year by the American Institute of Legal Professionals and selected as one of the TOP 40 UNDER 40 lawyers in California by the American Academy of Attorneys (AAOA).

Call (858) 328-4400 to schedule a complimentary consultation regarding visitation or custody of your grandchildren in Encinitas. Let’s see how we can help.

Back to Top

Overview of Grandparents’ Custody Rights

Grandparents generally do not have enforceable legal rights to their grandchildren unless the parents are neglectful, abusive, or otherwise unfit. Under some rare circumstances, grandparents can petition the court for custody or visitation rights. If the situation that is rendering your grandchild’s parents unable to care for them is temporary, it is also possible for you to obtain temporary guardianship. These are some essential factors courts consider when determining grandparents’ custody rights:

  • The needs of the child
  • The ability of the grandparents or parents to care for the child
  • The wishes of the parents and grandparents
  • The wishes of the child
  • Evidence of parental neglect or abuse
  • The strength of the relationship between the child and the grandparents
  • Evidence of substance abuse by the parents
  • The length of the relationship between the child and the grandparents

Ultimately, the court will put the needs and well-being of the child first.

Back to Top

Obtaining Custody as a Grandparent

If you are pursuing custody of your grandchild, you must prove that you have an existing relationship with them to have your request granted. Custody of your grandchild may be granted if you can prove one of the following:

  • Child abuse or neglect
  • One or both of the child’s parents are struggling with mental health problems, including substance abuse
  • One or both of the child’s parents are incarcerated
  • The child’s parents are divorced and dealing with financial problems

Back to Top

Seeking Visitation Rights

Generally, grandparents cannot petition the court for visitation rights while the child’s parents are still married. There are a few exceptions to this rule:

  • The child’s parents are living separately for an indefinite period
  • One of the parent’s whereabouts is unknown
  • The child does not live with either of their parents
  • A stepparent adopted the child
  • One of the child’s parents joined the grandparent’s petition
  • One of the parents is incarcerated

When deciding to grant grandparent visitation rights, the court will consider a variety of factors to ensure the child’s best interests are protected. If there is an open custody case with one of the parents, the child’s grandparents can join, or they can initiate a court action to request visitation rights. Grandparents must also prove that they have a meaningful relationship with their grandchild and that it is in their best interests to continue building that connection.

Back to Top

Other Locations We Serve

Back to Top

Speak with an Experienced Encinitas Grandparent Rights Attorney

If you are seeking adoption or visitation rights for your grandchild, you will need a knowledgeable Encinitas family lawyer on your side to help navigate the legal process.

Mattis Law, A.P.C. can successfully guide you through the legal process and support you at every turn. We are one of the top family law firms in Encinitas and frequently take on some of the most challenging cases. You can rely on us for the compassionate and skilled legal counsel you need to ensure you and your grandchild’s best interests are protected.

Call us at (858) 328-4400 to schedule a free initial consultation with an Encinitas grandparent rights attorney.

Back to Top

Additional Information

(858) 328-4400