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