How to Navigate Through Grandparent’s Visitation Issues in Riverside, California

Grandparents all over the state deserve to see their grandchildren on a regular basis. The bond between these two is one forged by love, and it is a symbiotic one that can last a lifetime. That being said, the legal landscape for grandparent’s rights in California has changed over the years, making it even harder for them to gain access to their own family members.

According to the legal system, you as a grandparent can file for visitation under the following circumstances:

1. One of the parents has died. This puts you in a unique position that makes it possible for you to offer emotional and psychological support to the grieving child as well as offer a shoulder to lean on and even provide physical and financial support to the surviving spouse, regardless of whether you are blood relatives or not.
2. The parents of your grandchild are not married to each other. This includes divorce and paternity cases since this is when a grandchild needs all the help they can get.
3. The marriage between parents is still in existence, but the spouses don’t live together. This can be in the case of a separation which is indefinite or permanent in the eyes of the law.
4. There is a family law case in court that’s pending such as divorce hearings. However, the case has to be in pre-judgment for this circumstance to apply.

If the parents are not married, the court usually intervenes and performs a balancing test. This can be in the form of asking the grandchild questions regarding his or her relationship with the grandparent in question. In some cases, a psychologist or psychiatrist may step in to determine the dynamic between the two and if the interaction between them serves a psychological or emotional need on either side.

The courts have a provision when it comes to the visitation rights of grandparents. If parents are married, however, the situation becomes more complicated. There are exceptions in the law that allow you to file for visitation rights regardless of the law. This includes things like one of the parents missing from the matrimonial home for more than a month, the child not living with either of the parents, the adoption of the child by a stepparent, parents living separately without having their marriage being dissolved, or one of the parents supporting your petition to have you visit your grandparent.

Get Legal Help Today!

While there are no official court forms that allow you to file a written petition for visitation, most local courts have dedicated forms that you can fill with the help of an attorney. Going it alone may put you in a tough situation since there are certain tenets of the law that you may not be aware of. With the assistance of your attorney, you will fill out an FL-300 form in which you will detail the type of visitation you’d like to have with your grandson or granddaughter. By contacting a Riverside Grandparent’s Rights attorney outfit as ours, you’ll be able to go through the process in a smooth and efficient manner. Contact us today.