San Diego Grandparent's Rights Attorney
A grandparent's rights to visitation after a divorce proceeding and after the death of one parent and the remarriage of the living parent have caused much controversy over the past few years. Fortunately, recent laws have been enacted that increase the scope of a grandparent's rights to visitation. In California, the law allows for grandparents to pursue the enforcement of their rights to visit with their grandchild(ren) when parents divorce and even when one or both parents object. The courts have established that mere animosity between the parent(s) and grandparent(s) is an insufficient basis to deny a grandparent rights. However, where a court finds that the relationship between the grandparent(s) and the parent(s) and/or grandchild(ren) is dysfunctional, visitation may be denied.
Grandparents may even file to have their rights to visitation enforced even if the parents are unmarried, separated and living apart, or when the child is not living with either parent. The basis for enforcing a grandparent's rights to visitation is in proving that there is an existing bond between the grandparent(s) and the grandchild(ren) and that visitation would be in the best interests of the grandchild(ren). Courts must balance the interests of the child(ren) in having visits with their grandparent(s) against the rights of the parent(s) to exercise their parental authority. In doing so, courts may apply a rebuttal presumption that visitation with the grandparent(s) is "not" in the best interests of the child(ren)". However if that presumption is effectively rebutted by establishing that it is indeed in the child(ren)'s best interests, then visitation can still be granted.
Today, a grandparent's rights to visitation can be enforced even when the grandchild(ren) reside(s) in another state. According to a United States Bill amending title 28 (with respect to the enforcement of child custody and child visitation orders), grandparents can visit their grandchildren anywhere in the country as long as they have ordered visitation rights in one state. While the law does not impose a federal decision regarding a grandparent's rights to visitation in any state, it does call for reciprocal recognition of a grandparent's rights to visitation once a state has ordered that such rights exist.
It is important for divorcing parents to take into consideration matters like a grandparent's rights to visitation before their divorce is finalized. Doing so can prevent much conflict between parents, grandparents and the children involved. A simple provision stating that both sets of grandparents be allowed to visit with their grandchild(ren) can certainly ease such tensions.
Leading San Diego Grandparent's Rights Attorney
Although California law recognizes a grandparent's rights to visitation, there are serious constitutional issues as well as practical considerations that will need to be sorted through before grandparents attempt to enforce their rights to visit with their grandchild(ren). It is a very daunting and complex task and one that requires expert skill in this particular area of the law. At the San Diego grandparent's rights attorney office of Sharman L. Brooks, we have the experience you need to guide you through all of the legalities involved in such matters.
As a leading San Diego grandparent's rights attorney, Sharman L. Brooks has helped hundreds of grandparents enforce their rights to visitation with their grandchild(ren) and even gain custody of them if need be. Sharman L. Brooks is a San Diego grandparent's rights lawyer whose expertise in family law is unmatched. For almost ten years, she has built the reputation for being an aggressive opponent both in and out of the courtroom. If you are having problems being able to visit with your grandchild(ren), please contact us today!
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