CALIFORNIA FAMILY LAW GRANDPARENT'S RIGHTS
FAMILY PRACTICE SACRAMENTO - FAMILY ATTORNEY CALIFORNIA
California Family Law - Grandparents Rights
All states currently have some type of "grandparent visitation" statute; through which grandparents and sometimes others (foster parents and stepparents, for example) can ask a court to grant them the legal right to maintain their relationships with loved children. But state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances.
The following is important when grandparent visitation rights are considered. They can be quite different from state to state and are subject to change.
- Best Interest of Child
- Must Show Harm
- Prior Grandparent/Grandchild Relationship
- Effect on Parent/Child Relationship
- Any Marital Status of Parents
- Parents are Deceased, Divorced and/or Unmarried.
- After Stepparent Adoption
The requirements for court ordered visitation vary by state. In most, but not all states, if the grandchild's parents are still married the grandparents are not entitled to visitation. Depending upon the state, the following situations may give rise to grandparent visitation:
- Pending divorce
- Parents already divorced
- Parent deceased
- Child born out of wedlock
In recent years, the issue of Grandparent's rights to visitation in divorce has come to the forefront. Sadly, what will often happen in divorce are the parents of the non-custodial parent end up cut off from their grandchildren. This may be especially true if the grandparents and grandchildren live a far distance from each other.
California family laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney Gregg Anderson before making any decisions regarding your divorce matters.
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