Grandparents’ Rights Lawyer in San Diego
Do Grandparents Have Rights to Custody & Visitation
The relationship between a grandparent and their grandchildren is something many people feel strongly about, and research has even shown how beneficial it can be to a child if their grandparents are active participants in their life.
If you are a grandparent, and are experiencing problems or difficulties visiting your grandchildren following a divorce, separation, or break-up, a San Diego grandparents' rights lawyer from our firm can help you. At Claery & Hammond, LLP we assist grandparents with a variety of legal issues that may arise within a family environment, and our lawyers will take action to get desirable results.
Seeking Custody or Visitation
Courts will typically consider granting custody or visitation to grandparents if any of the following apply:
- The parent is deemed an unfit parent because of alcohol or drug abuse.
- The parent is deemed unfit because of physical abuse to the child.
- The parent is unable to care for the child due to incarceration, physical illness or mental illness.
- The child’s physical health or welfare is in jeopardy or it can be proven that the parents are not caring for the child. In these types of emergency situations, you do not have to show that the child has been living with you for six months. But you need to show that you have a strong relationship with the child and that it is in the best interests of the child to be with you.
Enlist a San Diego Grandparents’ Rights Attorney
There are many different reasons why a grandparent would want to take legal action. Oftentimes, grandparents may seek custody of grandchildren who are living in unsafe environments, or if they feel like the parent who has custody is in some way unfit. Sometimes a parent is unable to provide the level of care that a child deserves, and in these situations it might become necessary for the grandparents to step in and try to get legal custody of the children.
No matter what your specific issues is, a family law attorney from our firm will be happy to assist you. Call our team to discuss your options to protect your relationship with your grandchildren.