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Grandparents' Rights

Grandparents’ Rights

La Mesa Family Lawyer for Grandparent Custody & Visitation

Since 1992, I have been working as a La Mesa family law attorney to help grandparents win custody and visitation rights in Southern California. When it comes to child custody cases, the state of California has a specific set of guidelines to help determine which rights are given to grandparents. As with all of my custody cases, my priority is to settle as many issues as possible outside of the courtroom, thus saving the family from any unnecessary stress and legal fees. Mediation, arbitration, and other collaborative methods allow for a safe space where everyone can voice their desires and concerns, and hopefully come to an agreement that is in the best interests of the child.

Are you a grandparent seeking custody or visitation rights? Call (619) 304-8499 to see how I can help. I serve San Diego, El Cajon, Lemon Grove, La Mesa, and the surrounding areas.

When Can a Grandparent Request Visitation Rights?

Under California law, grandparents can ask for reasonable visitation if two conditions are met. The first condition is that there must have been a pre-existing relationship between the child and grandparent to the extent that granting visitation would be in the best interests of the child. The second condition requires the courts to balance the best interests of the child in having visitation with the grandparents, with the parents' rights to make decisions about their child. Furthermore, with a few exceptions, grandparents usually cannot file for visitation rights if the child's parents are married.

These exceptions include:

  • It is found that parents are living separately
  • One parent's whereabouts have been unknown for over a month
  • One of the parents supports the grandparent's petition for visitation
  • The child is currently not living with either of his or her parents
  • The child's legal guardian is a stepparent

If these exceptions are no longer met, one or both parents can request that the court revoke visitation rights.

Can a Grandparent File For Custody in California?

California laws not only help to protect the visitation rights of grandparents, they also allow them to petition for permanent custody of a grandchild. Of course, to become eligible, the grandparent must show that the child's current parent or guardian is unfit to carry out their role. This may include the fact that the child's health and safety is at risk when accompanied by that parent. The court would need to see a great deal of evidence to prove this, as well as evidence as to why the child would be best served by the grandparent. This is no easy task, which is why Andrea Schneider is dedicated to providing clear guidance to her clients.

How Much Visitation Can Grandparents Get?

The amount of visitation granted to each grandparent may vary. A common example of what is allowed is one to two days a month. Visitation rights are not guaranteed and may be taken away or modified by the court if they feel it is for the child's best interests.

If you are seeking to obtain visitation rights to see your grandchildren, give me a call at (619) 304-8499. I am prepared to put my experience as a seasoned La Mesafamily lawyer on your side.

Professional Help When You Need It Most

  • I treat my clients like family, not case numbers. My clients get the personal attention that their case deserves.
  • When you call my office, you get me! You will not be handed off. I live and breathe your case and I will be with you every step of the way.
  • As a mother of two, I understand it is important to do what's best for you and your family. You can trust, I will do just that for you.
  • I truly care about my clients and am here to help them with any legal matter they are facing.
  • I have your best interest at heart and in mind. I will patiently listen to what you want, need and value.
  • We will strategize and develop a game plan that will help you achieve your goals all while staying within your budget.

Hear From Others
I Have Helped

  • She helped keep me on track and got me a great result.

    “I hired Andrea because of her confidence and her consistency. She plans ahead and stays ahead of the game. Andrea helped me, guided me to be ready for the worst scenario. She helped me prepare for what might come. She helped keep me on track and got me a great result.”

    Former Client

  • Great Attorney in a difficult time

    “I utilized Andrea's legal services to help me resolve a difficult and bitter child visitation dispute. Andrea was able to successfully make in-roads on a new visitation agreement that both parties could support. I am extremely pleased that Andrea was able to resolve my legal matter within the 45-day deadline I put forth. Although I hope not to have to return to court for another family related matter, however if I did, I would strongly consider retaining Andrea services in the future. Andrea is a true professional and will get the "job" done.”

    Marcel

  • Thank you for all the time and effort you put into my case. It all paid off thanks to your dedication and determination to see it through to the end.

    I would just like to thank you for all the time and effort you put into my case. It all paid off thanks to your dedication and determination to see it through to the end. Thank you again for all your help.

    Former Client

  • She asked the right questions and gave me great advice on a quite complex and complicated question.

    “Andrea called me back in beneath ten minutes. She was very focused on what I told her. She asked the right questions and gave me great advice on a quite complex and complicated question. I can highly recommend her.”

    Simone

  • I will be walking into mediation with my son's father feeling as prepared as possible.

    “I hired Andrea to consult me on a child custody case. She talked me through the whole process thoroughly and explained what you expect as well as how I can best present myself. I am grateful for her assistance.”

    Britney