In today's challenging economic situation, grandparents are playing a more pivotal role in their grandchildren's lives. This does not just mean that grandparents are visiting their grandchildren more, or that they are helping out a little more, but rather financially assisting in rearing their grandchildren. According to Reuters, the AARP reported that today, 37 percent of grandparents are assisting with the daily living costs of their grandchildren. Despite the large percentage of grandparents helping to support their grandchildren, our Northern California family law attorneys are still assisting many grandparents fighting for the right to visit their grandchildren.
Grandparent Rights in America:
In 2000, the grandparent's right to visitation took a hard hit and has subsequently become a very difficult case to win. That year the United States Supreme Court decided the case of Troxel v. Granville, wherein a Washington state law that allowed courts to grant visitation rights to grandparents if it was in the child's "best interest" was struck down. This decision led many other states to strike down similar laws. However, grandparents still may be granted visitation in some states across the U.S. .
Grandparent Visitation Rights in California:
In California Grandparents do not have an absolute right to visitation of their grandchildren. However, there are instances where grandparents may be able to have limited visitation granted by the courts. Some instances where grandparents may be granted visitation rights are when one parent of the grandchildren has passed away, when the grandchild is not living with either parent, or if the court makes a determination that visitation with the grandparent is in the best interest of the grandchild.
The type of visitation that may be granted can vary widely, depending on the specific circumstances of the case. Grandparents can be given a significant amount of visitation, such as a weekend a month or extended time during summer break. Grandparents can also be given very little visitation, such as invitations to the grandchild's games or recitals. Grandparents can also be completely removed from their grandchildren's lives.
As the parent's rights are always first and foremost, gaining grandparent visitation rights can be difficult. If both parents do not want grandparents to have visitation, an extreme case would have to be found by a court in order to grant any sort of visitation. Further, this area of the law is ever evolving as family roles change. It is therefore vital for grandparents to seek a grandchild visitation lawyer's help in these cases.
Getting Legal Help in Santa Rosa California:
Our Santa Rosa family law attorney can help you in your pursuit of obtaining visitation of grandchildren as a grandparent. These cases can be extremely tricky and it is very important to have the assistance of an experienced family law lawyer on your side. The attorneys of Beck Law PC has vast experience advocating for their client's visitation rights and can adequately protect your rights during this complex process. For a free consultation regarding the specifics of your case contact Beck Law P.C. at 707-576-7175 or contact us online.
See Related Blog Posts:
Can California Grandparents Adopt their Grandchildren?
Where do I File for a Divorce in California?