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Grandparent's Rights
Child Custody

How California Family Law Protects Grandparents’ Visitation Rights

After a divorce or separation, grandparents in California may be left wondering whether they will still be allowed to visit their grandchildren. There are certain guidelines in the state that deal with grandparents’ visitation rights.
Below are a few things you should know about grandparents’ rights after a divorce.
Grandparents can ask for visitation
Parents can always try to arrange grandparent visitation without a court order. However, in some cases, parents attempt to bar grandparents from visiting their grandchildren, in which case the grandparent may wish to petition the court for visitation rights.
Courts will not accept petitions for grandparent visitation if the parents are still married, unless there are extenuating circumstances such as a separation, the child is not living with either parent, the child has been adopted by a stepparent or one of the parents is incarcerated.
Grandparents that choose to file for visitation rights must serve a copy of the petition to each parent, stepparent and anyone else with physical custody of the child. Courts will automatically send these cases to mediation and, if the parties are unable to settle the matter, the case will be heard by the court.
A judge who oversees a grandparent visitation case will start by assuming grandparent visitation should not be allowed if both parents agree the grandparent should not have any visitation rights. However, grandparents can attempt to prove visitation is in the best interests of the child. In these cases, courts will consider:

Domestic Relations Order
California Law

5 Useful Facts And Information About Qualified Domestic Relations Orders (Qdro’s) In California

No. You don’t need a QDRO to divide Individual Retirement Accounts (IRAs) or deferred annuities. You will need a QDRO if you’re trying to divide …

Family Law

3 Reasons Mediation Can Help Your Marriage

Mediation is a common process for reaching a divorce settlement. But, you don’t have to wait until problems reach that point to take advantage of the mediation process. You may benefit from mediation to settle disputes that could save your marriage.

co-parenting and divorce mediation
During Divorce

Improving Co-Parenting Through The Mediation Divorce Process

Divorce or separation can be a challenging time for families and moving from a married relationship to a co-parenting relationship.   Mediation offers several advantages over …

Holiday Tips For Blended Families Fresno and San Diego Family Law Attorney
Family Law

Tips for Celebrating the Holidays with a Blended Family

Holidays can be stressful for blended families. In this article, we cover a few tips to make the holidays enjoyable for everyone in the family, new and old. 

How Prenuptial Agreements Can Actually Lessen Stress for Some California Couples
Family Law

How Prenuptial Agreements Can Actually Lessen Stress for Some California Couples

Many couples debate whether to sign a prenuptial agreement. Unfortunately, the issue can lead to arguments or add tension to an otherwise blissful period in a couple’s relationship. In many cases, however, couples can benefit from entering into an equitable prenuptial contract. The document can actually relieve stress at every stage of the marriage, from before the wedding day, during the marriage and, if the marriage should fall apart, at the time of divorce.

Financial Disclosure and prenup
Family Law

Financial Disclosure Process When Drafting a Prenup

When drafting a Prenup, as part of the prenup-making process, you and your future spouse need to share your financial information with each other. This process is …

Fresno and San Diego California Co Parenting Tips
Child Custody

Three Tips for a Successful Holiday Visitation Scheduled for Divorced Families

Divorcing or divorced families find it especially hard to navigate holiday visitation schedules. In this post we share a few tips for success.

Law Office of Rebecca Medina - What is Community Property in CA
Family Law

What is Community Property in CA?

When it comes to asset division during divorce, California follows the community property principle which states that any property or debts acquired by one or both partners over the course of a marriage is automatically considered jointly and equally owned by the couple as a single entity

Prenuptial Agreements
Family Law

Comprehensive Guide To Prenuptial Agreements: What You Need To Know

Prior to getting married, numerous couples contemplate the need for a prenuptial agreement tailored to their unique circumstances. Often known as “prenups,” these agreements can …

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