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Poway Grandparent Rights Lawyers

Protecting the Rights of Grandparents in Poway

Known as The City in the Country, Poway is located in the center of San Diego County. This unique community has a high standard of living, the lowest crime rate in the county, and two high schools, two middle schools, and seven elementary schools. Grandparents in Poway often play a vital role in their grandchildren’s lives. Although the law does not offer the same protections to grandparents as it does to parents, grandparents have certain rights, and it is essential to know what they are.

Family issues can affect your grandchildren’s lives, including the time you can spend with them. Our Poway grandparent rights attorney has extensive experience assisting clients in a wide range of family law matters, including issues involving children. With Mattis Law, A.P.C., you can expect high-quality representation from a seasoned attorney with a well-respected reputation. 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).

If you are concerned about the well-being of your grandchildren or protecting your relationship with them, contact Mattis Law, A.P.C. at (858) 328-4400.

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What Are Grandparents’ Custody Rights in California?

Grandparents and other family members and non-parents may be granted custody of children if it is in their best interests. The first priority of family law courts is the safety and best interest of the child. California Family Code Section 3041 states, “Before making an order granting custody to a person other than a parent, over the objection of a parent, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the non-parent is required to serve the best interest of the child.”

Grandparents may petition the court for custody of their grandchildren if they can prove that:

  • The parents are incarcerated and unable to care for their children.
  • The parents are divorced and facing serious financial issues, impacting the ability to care for a grandchild.
  • The parents suffer from alcohol or substance abuse or have serious mental health problems.
  • Child abuse or neglect has occurred.

To gain custody of grandchildren in California, grandparents must prove they have a strong, continuing relationship that can benefit the child in the long term.

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Can Grandparents Seek Visitation Rights in Poway?

Generally, parents have the right to decide whether or not children see their grandparents. If the parents are divorced or separated and do not live together, either parent may allow a child visitation with grandparents during their parenting time. Grandparents may petition the court to order visitation if the child’s parents are unmarried, if they are married but live apart, if one parent’s whereabouts are unknown for more than a month, or if one parent joins the petition. Usually, grandparents may not petition the court for visitation with a grandchild if the parents are married and live with the child. The two following guidelines must be met for the court to award visitation rights to grandparents:

  • A preexisting relationship must have engendered a bond between the grandparent and grandchild, and because of this bond, it must be in the child’s best interests to maintain a relationship with the grandparent.
  • The best interests of the child in having a relationship with his or her grandparent must be balanced by the court against the rights of the parents to make decisions for the child.

It is important to seek legal representation to protect your rights as a grandparent because the burden of proof is on a grandparent seeking custody or visitation rights for a grandchild. Your best chance of obtaining the most favorable outcome is to have an experienced Poway grandparent rights attorney handling your case.

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Consult a Trustworthy Poway Family Law Attorney

At Mattis Law, A.P.C., we fight to protect the rights of grandparents who seek to protect or maintain their relationships with their grandchildren. You and your grandchild’s best interests are our top priority. Our Poway family law attorney takes on some of the most complex cases and is committed to providing knowledgeable and compassionate legal support.

Contact us at (858) 328-4400 to arrange a complimentary consultation today.

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Additional Information

(858) 328-4400