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La Jolla Grandparent Rights Attorneys

Are You in Need of a Grandparent Rights Attorney?

Dealing with family disputes involving children can be emotionally overwhelming, especially for grandparents who feel shut out of their grandchildren's lives. Whether due to divorce, estrangement, or the tragic loss of a parent, grandparents may find themselves suddenly removed from a child’s daily routine. While parents have primary rights over their children in California, the law does recognize circumstances where grandparents can petition for visitation or even custody.

If you are a grandparent in La Jolla seeking legal access to your grandchildren, Mattis Law, A.P.C. is here to help. Our experienced La Jolla family law attorneys understand the emotional stakes involved and are committed to advocating for your relationship with your grandchildren. Whether you are seeking visitation, custody, or are involved in a broader family law matter, our firm provides compassionate yet strategic legal support.

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Why Choose Us Over Other Grandparent Rights Attorneys in La Jolla

When it comes to protecting your rights and maintaining your relationship with your grandchildren, you need a law firm that not only understands the law but also has a proven track record of success. Here’s why Amelia J. Mattis stands out:

  • Free initial consultation to assess your rights and options
  • Recognized as Lawyer of the Year by the American Institute of Legal Professionals
  • Chosen by Expertise.com as one of the Best Divorce Lawyers in San Diego
  • Compassionate, client-centered approach with a reputation for integrity
  • Experienced litigator who is not afraid to take your case to court
  • Named one of the Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys
  • Selected to the San Diego Super Lawyers Rising Stars list
  • Honored as one of California’s Top 40 Under 40 by the American Academy of Attorneys (AAOA)

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Fighting for Grandparents’ Rights in San Diego

Don’t lose your connection with the grandchildren you love. Contact Mattis Law, A.P.C. at (858) 328-4400 today.

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What Rights Do Grandparents Have?

Grandparents don’t have any automatic legal rights to custody of their grandchildren. But grandparents or other family members and non-parents may be granted custody if the court determines that it is in the best interests of the child. This is covered in the California Family Code, Section 3041. Family law courts put the safety and well-being of the child first. If you are concerned for your grandchild, you may petition the court for custody if you can prove:

  • The child has been a victim of abuse or neglect.
  • A parent or parents have substance abuse or mental health issues.
  • The parents are divorced and facing financial difficulties.
  • A parent or both parents are in jail or prison and unable to care for the child.

To win custody of your grandchild in any of the above circumstances, you must prove to the court that you have engendered a bond with your grandchild. You must demonstrate a strong, long-lasting, beneficial relationship. The court will need to see evidence that the child will be best served in your custody.

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Types of Services We Offer

At Mattis Law, A.P.C., we offer a full range of services related to grandparent rights under California family law. Our goal is to ensure that grandparents who have a meaningful and beneficial relationship with their grandchildren are not unfairly denied access. We provide representation and legal support in the following areas:

  • Petitions for Grandparent Visitation: When in the best interests of the child, we can help you petition the court for legal visitation rights.
  • Petitions for Grandparent Custody: In cases where neither parent is able or fit to care for the child, we help grandparents pursue custody.
  • Opposition to Parental Objection: If a parent is objecting to visitation, we provide representation to demonstrate that continued contact is in the child's best interest.
  • Emergency Guardianship: We can help you file for emergency guardianship in situations involving abuse, neglect, or abandonment.
  • Mediation and Conflict Resolution: We offer mediation services to resolve disputes outside of court when possible.
  • Post-Divorce or Post-Death Custody Cases: We represent grandparents seeking rights following the death of a parent or a contentious divorce.

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How a Grandparent Rights Attorney Can Help

Navigating the legal system alone can be intimidating and ineffective, especially in emotionally charged family disputes. A knowledgeable grandparent rights attorney can offer:

  • Legal Guidance: We interpret California Family Code Section 3100-3105 and other relevant statutes to determine your position to petition.
  • Case Strategy: Every family dynamic is unique. We analyze the details of your case to develop the strongest possible legal argument.
  • Document Preparation: We handle all legal paperwork, court filings, and ensure deadlines are met.
  • Court Representation: If your case proceeds to court, we advocate zealously on your behalf before the judge.
  • Protecting the Child’s Best Interests: Courts in California prioritize the best interests of the child, and we help you demonstrate how your involvement supports that standard.

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Types of Grandparent Rights Cases We Handle

Our firm has extensive experience handling a broad range of grandparent rights cases, including but not limited to:

  • Visitation After Parental Divorce: In cases where divorce has led to reduced or severed grandparent access, we seek visitation rights.
  • Cases Involving Parental Death: When a parent passes away, we help grandparents maintain continuity and support for the child.
  • Estrangement or Parental Alienation: If one or both parents are unjustly blocking your access, we help assert your rights.
  • Unfit Parenting or Substance Abuse: We advocate for custody or guardianship when a child’s parents are deemed unfit.
  • Out-of-State or Long-Distance Visitation: We help craft long-distance visitation plans that are feasible and enforceable.
  • Emergency Custody Petitions: When immediate action is needed to protect a child, we pursue emergency custody or guardianship orders.

Grandparents Deserve a Voice in Custody and Visitation

We’ll help you understand your rights and advocate for meaningful time with your grandchildren. Call (858) 328-4400 today.

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Don’t Wait to Speak to an Attorney

Time is a critical factor in family law matters. Delays can be used against you in court as a sign of inconsistency or lack of interest. If you believe that your relationship with your grandchild is being unfairly limited or threatened, the sooner you speak with a qualified attorney, the better your chances of a favorable outcome.

At Mattis Law, A.P.C., we offer a free initial consultation to discuss your situation and legal options. We take the time to listen, understand your concerns, and chart a clear path forward. Whether you are considering a petition or have already been served court papers, we are ready to stand by your side and fight for your rights.

Don’t let uncertainty keep you from taking action. Reach out today to learn how we can help you protect your bond with your grandchildren.

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Other Locations We Serve

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What Clients Are Saying About Us

“Ms. Mattis is to be commended for her diligence and professional acumen” -April Hinson (5-Star Google Review)

Ms. Amelia Mattis and her professional team have yet again extended compassionate attention and legal representation. I am the grandma to my 13-year-old granddaughter. In October 2020, there was a court order decision awarding visits twice a month as well as weekly phone calls. This agreement worked perfectly and my granddaughter and I celebrated our time together. In August 2023, my granddaughter's mother filed a motion to remove the court order as written. I reached out to Ms. Mattis for legal guidance. As a result of my loving family relationship review, we decided on a compromise. Sadly, the mother was not accepting of my willingness to reach a middle ground. So we went to Family Court Services for mediation. My granddaughter has been a loving highlight for our family; she always is enthusiastic during our time together and smiles while sharing her budding life as a teenager. Ms. Mattis was thorough with her case preparation and her approach for a favorable outcome. The judge clearly appreciated Ms. Mattis' precise presentation of our endearing relationship, as it relates to the best interest of the child. It was a difficult decision to, again, pursue grandparent visitation rights. I am so very thankful that Ms. Mattis went out of her way to secure a decision in favor, supporting this grandma and my sweet granddaughter. Ms. Mattis is to be commended for her diligence and professional acumen.

“Her team is also wonderful” -Lulu At Home (5-Star Google Review)

Ms. Mattis is professional, strategic, ethical, thorough, and compassionate. She has an exceptional understanding of the law and people which makes her an excellent advocate for parents who are trying to get a healthy and achievable resolution for their kids in the short- and long-term. Her team is also wonderful; Cassidy is a gem. They’ve all made sure everything is completed on time and accurately. They don’t miss anything and [are] able to find and correct errors or discrepancies for everyone. We’re deeply grateful for Ms. Mattis and her team for securing our safety and a fair resolution through such a difficult transition.

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Contact an Experienced La Jolla Family Law Attorney to Discuss Your Options

Your relationship with your grandchildren is a precious thing. Naturally, their safety and well-being is your number one priority. At Mattis Law, A.P.C., we have extensive experience protecting the rights of grandparents and the best interests of their grandchildren.

Your initial consultation is free. Call a La Jolla grandparent rights lawyer at (858) 328-4400 to discuss your case and learn more about your legal rights and options as a grandparent.

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Grandparents’ Rights FAQs

Do grandparents have legal visitation rights in California?

Yes, under California Family Code §3100–3105, grandparents can request court-ordered visitation if it’s in the best interest of the child and there is a pre-existing bond. However, this usually applies when the parents are divorced, separated, or one parent is deceased.

Can I get visitation rights if both parents are still married?

In most cases, no. California courts are generally reluctant to interfere with intact families. However, there are limited exceptions, such as when the parents are living apart, one parent’s whereabouts are unknown, or the child does not live with either parent.

What does “best interest of the child” mean in grandparent rights cases?

This legal standard considers the child’s health, safety, emotional needs, stability, and existing relationships. Courts assess whether visitation with the grandparent would positively contribute to the child's well-being.

Can I get custody of my grandchild in La Jolla if the parents are unfit?

Maybe. If both parents are found unfit due to issues like substance abuse, neglect, or incarceration, grandparents can petition for legal custody or even become legal guardians. Emergency custody orders may be available in urgent situations.

Will I need to go to court to gain visitation rights?

Usually, yes. While mediation is sometimes attempted first, formal visitation rights for grandparents typically require filing a petition with the family court and attending a hearing to prove your case.

How does a court decide whether to grant grandparent visitation?

A judge will weigh your relationship with the child, the impact on the child’s relationship with the parent(s), and any objections from parents. Courts must balance parental rights with the child’s emotional needs and long-term stability.

Can I still request visitation if my son or daughter (the child’s parent) is deceased?

Yes. California law specifically allows grandparents to petition for visitation when their child (the child’s parent) has died. These cases often carry strong emotional weight and are more likely to be considered favorably by the court.

What should I do if I’m being denied access to my grandchildren after a divorce or family conflict?

Speak with a La Jolla grandparents’ rights attorney immediately. You may have legal grounds to petition for visitation or intervene in a custody matter. Acting quickly helps preserve evidence of your bond and the urgency of the situation.

How long does the process take to gain visitation or custody rights?

The timeline depends on the complexity of the case. Simple visitation requests may be resolved in a few months. Custody or guardianship cases, especially those involving unfit parents, can take longer. Your attorney can give you a case-specific estimate.

Is there a difference between visitation rights and guardianship?

Yes. Visitation allows you scheduled time with your grandchild, but does not grant legal authority over them. Guardianship or custody, on the other hand, gives you legal responsibility for the child’s care, schooling, and medical decisions.

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Meet Our Attorney

Amelia J. Mattis

California State Bar License Number: 299801

Amelia J. Mattis is the founder of Mattis Law, A.P.C., a San Diego family law firm dedicated to helping clients navigate divorce, custody, visitation, and domestic violence matters. She is known for her compassionate and hardworking approach, offering personalized legal strategies that protect her clients’ rights and prioritize the well-being of children and families.

With a reputation for empathy, dedication, and strong advocacy, Amelia is committed to guiding her clients through life’s most challenging transitions with confidence.

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Additional Information

(858) 328-4400