Grandparents’ Rights Attorney in Fresno, CA
Knowledgeable guidance and representation when seeking visitation
One of the great joys of senior life is to spend quality time with your grandchildren, bond with them and watch them grow. Unfortunately, circumstances can arise that interfere with a grandparent’s access to grandchildren. Under California law, many grandparents can obtain a court order for visitation, allowing them to maintain a close, loving relationship with their grandkids. If you need help obtaining visitation rights, Gates Law Group, A Professional Corporation in Fresno can evaluate your circumstances and take the necessary actions in your behalf.
When do grandparents have the right to petition a California court for visitation?
A grandparent is eligible to petition for court-ordered visitation either if the child’s parents are unmarried or, if they are married, when one of the following conditions exists:
- The parents live apart (more than just temporarily).
- The child does not live with either parent.
- A parent is incarcerated or involuntarily institutionalized.
- A parent’s whereabouts have been unknown for at least one month.
- One of the parents joins the grandparent’s petition for visitation.
- A stepparent has adopted the grandchild.
The next hurdle for the petitioner is demonstrating there is a pre-existing meaningful and substantial connection between grandparent and grandchild. This is sometimes called the bonding element.
Overall, the court must be convinced that an order of visitation is in the child’s best interests. The court will consider whether the visitation arrangement will positively impact the child’s physical, emotional and psychological health and well-being. This will likely be found if the grandparent has been a source of stability, support or affection for the child. However, a court can find that a meaningful relationship exists but nevertheless conclude that contact with the grandparent does not serve to benefit the child. For example, a court might decide that visitation could undermine parental authority, create family conflict or interfere with the parents’ relationship with the child.
The court also considers the preferences of the child’s parents. If both parents wish to block grandparent visitation, the judge will apply a legal presumption that visitation is not in the child’s best interest. However, this presumption can be rebutted by showing that visitation would benefit the child.
How our family law attorneys can support your petition for grandparents’ visitation
To prevail in your grandparent visitation case, you have to present the court with verifiable information about your home circumstances and about your relationship with the child. Also relevant are ways that you can offer benefits to the child, such as educational assistance and cultural connections. Our grandparents’ rights attorneys have the knowledge and skill required to present your case in the most favorable light. We can undertake any necessary investigations, gather evidence and draft your petition in precise language that anticipates the court’s evaluation. We can argue your case in court in the face of opposition from parents. We understand how important your relationship with your grandchildren is, and we fight aggressively to secure the result your deserve.
Contact a Fresno grandparents’ rights lawyer for a consultation
Gates Law Group, A Professional Corporation represents grandparents seeking visitation with their grandchildren throughout California. Our firm’s main office is in Fresno, and we also have locations in Paso Robles and Visalia. Please call 559-432-9944 or contact us online to schedule a consultation.
