Riverside Grandparents Rights Lawyer

Riverside Grandparents Rights Attorney

The bond between a grandparent and a grandchild is unique and cherished. Protecting your ability to visit, care for, and bond with that child is of the utmost importance. A Riverside grandparents rights lawyer can help you preserve a positive relationship with your grandchild.

Why Choose Us?

Since 2004, Edgar & Dow has been handling difficult family law cases with compassion and care. Our attorneys possess a deep knowledge of grandparents’ rights laws and an eye for detail, which they use to create a legal strategy individually suited for your grandparents’ rights case. When you are facing threats to your relationship with your grandchildren, Edgar & Dow’s compassionate and honest guidance can make all the difference.

Understanding Grandparents’ Rights in California Family Law

California generally allows parents to determine the boundaries of a relationship between their children and the children’s grandparents. This can be devastating for many grandparents when they are forbidden from visiting with their grandchildren or if they have concerns about the child’s safety at home. If you are in this situation, you have the right to file a claim with the court for the following reasons:

• Visitation with your grandchildren
• Custody of your grandchildren

How Are Grandparents’ Rights Claims Evaluated?

When a grandparent files a claim that goes against the parents’ wishes, the court will evaluate whether or not the grandparent’s request is in the best interest of the child. To meet these criteria, it must support the child’s overall development, well-being, and safety. Some factors a judge may use to evaluate this include:

• The child’s age
• The child’s physical and emotional needs
• The child’s relationship with the grandparents
• The child’s relationship with their parents or legal guardians
• Parents’ or grandparents’ history of abuse, neglect, and drug use

Types of Grandparents’ Right Claims

Filing for visitation rights can potentially reinstate your ability to visit with your grandchildren, even if the children’s parents don’t consent. The court can provide a schedule for these visits that could include routine visits, special events, or holidays. Visitation can depend on your proximity, as only 47% of grandparents live within 10 miles of a grandchild. To file a successful visitation claim, you must have a pre-existing bond with the child or otherwise prove why it is in your grandchild’s best interest.

You may also file for custody rights of your grandchildren. About 240,000 grandparents live with and are responsible for their grandchildren. In Riverside County, 3.3% of children are cared for by their grandparents, allowing them to receive the care they need from a family member, even when their parents may not be able to provide it.

Proving that having custody of your grandchild is in their best interest often requires a serious threat to their safety and well-being, such as domestic violence or drug abuse. Speaking with a grandparents’ rights lawyer can help you develop a case for why they should be in your care, increasing the likelihood of a successful grandchild custody claim.

Why You Should Hire a Grandparents’ Rights Lawyer

Fighting for your ability to connect with and care for your grandchildren is emotionally difficult and legally complex, but you don’t have to do this alone. A lawyer is a vital resource when filing a claim. They can help you throughout this process by:

• Informing you of your legal rights under California law
• Managing filing deadlines and legal requirements
• Collecting and analyzing evidence
• Developing a legal strategy
• Presenting evidence and arguments in court
• Advocating for you in court and when communicating with family members
• Preventing additional stress and anxiety while filing a claim

FAQs About Grandparents Rights

What Can You Do If You Believe Your Grandchildren Are Not Safe With Their Parents?

If you believe your grandchildren are not safe with their parents, there are several actions you can take. In Riverside County, child abuse can be reported by calling 1-800-422-4918. If your grandchildren are in immediate danger, such as during instances of domestic violence, contacting Child Protective Services or the police can provide a quick response. The Riverside County Sheriff’s Office is located at 4095 Lemon Street. For less immediate issues, you can speak to a lawyer.

Can Grandparents’ Rights Claims Be Settled Without Going to Court?

Yes, in many instances, communication and mediation can lead to grandparents’ rights being upheld without going to court, though this may not always be possible for serious threats to the child’s safety or if the child’s parents are not willing to negotiate. If you hire a grandparents’ rights lawyer, they can facilitate productive conversations, suggest solutions to conflicts, and help you and your grandchild’s parents find a resolution without a judge.

What if You Have Visitation Rights but Can’t Regularly Visit With Your Grandchildren?

Even after gaining visitation rights or even a visitation schedule, obstacles such as long travel times or health issues can prevent you from regularly visiting your grandchild in person. In place of in-person visitations, you can set up video or phone calls that still allow you to strengthen your bond.

What Evidence Can Be Used in a Grandparents’ Rights Case?

Evidence to secure custody or visitation in a grandparents’ rights case must prove that a relationship with them is in the best interests of the child or that the child would be harmed without a relationship with their grandparent. The evidence needed to prove this varies from case to case, but it could include communications between the grandparent and parents, medical records, evidence of the parents’ drug or alcohol abuse, or evidence of child abuse or neglect.

Speak With a Riverside Grandparents Rights Attorney Today

Not being able to care for or visit your grandchildren can leave you feeling worried about your relationship and the children’s well-being. At Edgar & Dow, we know this process is emotionally challenging, but we can guide you through filing a claim according to the grandparents’ rights laws. Contact us today for a free consultation to learn how legal representation can safeguard your rights and help you rebuild your bond with your grandchildren.