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:
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.
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
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.
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.
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
How Is A Business Divided In A Divorce?
In this blog post, Fresno, Ca divorce attorney Rebecca Medina covers one of the most pressing topics of divorcing spouses: the division of a business.
Dividing Property in a Fresno or San Diego Divorce
In a traditionally litigated California divorce case, the court is tasked with the potentially enormous responsibility of taking a thorough inventory of all property owned by the spouses, classifying each item as community property or separate property and assessing it a monetary value, distributing jointly-owned items evenly (or splitting them when suitable), and confirming individually-owned assets to the appropriate party.
Five Ways for Ex-Spouses to Co-Parent Successfully in Different States
In this post, Fresno, Ca child custody attorney Rebecca Medina covers a few tips to successful co – parenting from different states.
Can I Recover the Down Payment I Made on My Home?
If you are ending your marriage in Fresno and San Diego or elsewhere in California, you may be wondering if you are entitled to recoup the money you provided for a down payment on your family home.
This website provides general information and nothing contained herein should be construed as giving legal advice. Every situation is unique so the information contained on this website may not apply to your particular situation. You should not act upon any information in this website without seeking advice from a lawyer. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents of this website may be an “Advertisement” as defined by The Rules of Professional Conduct and California Business and Professions Code. The information contained in this website is not intended for residents outside the state of California.
Or fill out the form below: