Grandparents are frequently overlooked when a divorce occurs. Parents are often so worried about their time with their children and terms of the divorce agreement, that grandparents are often a forgotten party. Sometimes the parents choose not to allow contact between grandparents and their children. And unfortunately, the rights of grandparents following a divorce in California have not been settled. California law does not guarantee grandparent’s rights to see the children involved. If you are a grandparent who is concerned about your visitation rights with your grandchild, the San Jose grandparent’s rights attorneys at Aeschelman Law are here to help.
Although it is generally the parents’ decision whether or not to allow grandparents to maintain a relationship with the children involved, there are some situations in which a judge may overrule such a decision.
A Judge’s Discretion to Grant Grandparent Visitation
Judges may overrule a parent’s decision to deny grandparents access to their children for several reasons. If you are a grandparent who has been deeply involved in the support and care of the child because the parents were unable to provide sufficient childcare, you may be able to gain visitation and/or custody rights to the child. A family court judge will base his or her decision on the child’s best interest. If the child would be better off if the grandparents have regular contact and visitation with them, the family judge will use this when deciding the case.
Custody rights issues often arise following a divorce. Many times, one or both of the parents are not able or willing to take care of a child. Sometimes, the best thing for the child involved is to be cared for by a grandparent. If you are concerned with the well-being of your grandchild contact the family lawyers at Aeschelman Law to learn about your rights. The family law attorneys at Aeschelman Law will stand beside you every step of the way and help you to decide the right course of action.
Get Legal Advice about Grandparents’ Rights in California
To find out what options you may have to obtain visitation rights or custody of your grandchildren, contact the family law office Aeschleman Law by calling 408-724-8930. You may also send a personal email to Nicole Aeschleman at Nicole@aeschlemanlaw.com. We are located in San Jose and serve the legal needs of families in Santa Clara, Alameda, and San Mateo Counties.
Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form at the bottom of this site.