Grandparent's Rights Lawyers in San Bernardino
Schedule a Confidential Consultation With Our San Bernardino Grandparents’ Rights Lawyer
The Law Office of Joyce M. Holcomb in San Bernardino and Riverside Counties handles family law cases every day and will help you fight for your rights as a Grandparent. These Grandparent’s Rights cases can be complicated, so hiring a San Bernardino Grandparent’s Rights attorney to assist on your behalf is crucial to the judgment you deserve in your case.
In many family law cases, the judge decides the custody and visitation schedules for both parents. It is then up to the parents to determine how much time the children will spend with their grandparents. While this arrangement usually works well, there are times when grandparents have hired a San Bernardino Grandparent’s Rights lawyer to fight for the rights of their grandchildren.
An Overview of Grandparent Rights Laws in California
There are many myths and misconceptions about grandparent rights in California. If you are a grandmother, grandfather, or parent in San Bernardino County or Riverside County, it is crucial for you to understand how state law works in these cases. Here are the key points to know about the grandparent rights laws in California:
- Strong Priority is Granted to Parental Rights: As a starting point, it is important to understand that parental rights are granted a strong priority in California. Parents have the fundamental right to make decisions for their children, including regarding care, custody, and who they can spend time with. If parents are married, living together, and they are deemed fit, grandparents effectively have no legally protected rights related to their grandchild. The parents could deny visitation to a grandparent.
- Grandparents Have the Right to Seek Court-Ordered Visitation: Even though parents have far stronger legal rights, California law acknowledges that grandparents can play a vital role in the lives of their grandchildren. The state provides a legal framework for grandparents to seek court-ordered visitation. If a child’s parents are either not married or not living together, then a grandparent can petition for court-ordered visitation. The court will only grant visitation if it is deemed in the best interests of the child.
- Custody May Be Granted in Limited Circumstances (Unfit Parent): In certain limited circumstances, grandparents in California may also be granted custody. This is generally considered only in cases where the child’s parents are deemed unfit—such as instances of neglect, abuse, or incapacity. The court takes these situations very seriously. The threshold for deeming a parent unfit is high.
Two Things You Need to Prove to Get Grandparent Visitation Over Parental Objections
If you are a grandparent who is eligible to file for court-protected visitation of your grandchild, you need to be prepared to present a strong petition. Being eligible does not guarantee success. To get guaranteed visitation as a grandparent over the objectives of a child’s parent, the Judicial Branch of California explains that you will need to prove the following two things:
- Strong Bond Exists: There must already be a strong bond that has been developed between the grandparent and their grandchild.
- Child’s Best Interests Served: The court must determine that grandparent visitation would be in the best interests of the child to the point that is justified overruling parental rights.
We Handle the Full Range of Grandparent Rights Cases in San Bernardino
Family law cases should be handled with the highest level of care, compassion, and sensitivity. At The Law Office of Joyce Holcomb, we have the professional and legal expertise that people and families can rely on across the full spectrum of grandparent rights cases. Along with other matters, our San Bernardino grandparents’ rights attorneys can assist you with:
- Grandparent-grandchild visitation cases; and
- Grandparent-grandchild custody cases.
Fighting for Grandparent’s Rights in San Bernardino
The court recognizes that children benefit from having extended family and grandparents as a vital part of their lives. If you are fighting for your Grandparent’s Rights, you need a San Bernardino Grandparent’s Rights lawyer who understands the law and fairly represents you. Your San Bernardino Grandparent’s Rights attorney will present evidence to the judge that explains why it would be in the children’s best interest to have more contact with their grandparents.
Grandparents often have to care for children if the parents are unable. These cases may be difficult, and you will need the help and guidance of San Bernardino Grandparent’s Rights attorneys who are experienced in these matters. Bring any supporting documentation and names of witnesses to your attorney in our office. This will give you the best chance of a favorable outcome.
Do Grandparents Have Any Legally Protected Rights in California?
Yes. Under California law, grandparents have a legally protected right to seek visitation with their grandchildren if that child’s parents are unmarried or not living together. In these cases, the court considers the child’s best interests and the existing relationship between the grandparent and their grandchild.
Can a Grandparent Get Custody of a Grandchild?
Yes—but only in limited circumstances. In California, a grandparent may seek to obtain custody of a if the child’s parents are deemed unfit due to reasons like abuse, neglect, or incapacity. In some cases, a grandparent may be able to get temporary guardianship of a child while his or her parents attempt to get their life together.
What is the Best Way for Grandparents to Ensure Time With a Grandchild?
Collaboration. Parental rights are strong in California. Given that it is difficult—though certainly not impossible for grandparents to win in court against a parent—the best way for grandparents to ensure time with their grandchildren is generally by working collaboratively with the parents and trying to foster a positive and cooperative relationship.
How Our San Bernardino Grandparents’ Rights Lawyer Can Help
Grandparents’ rights cases are notoriously complex. There is no one-size-fits-all solution. You need a lawyer who will invest the time and resources to take a personalized approach. Our founding attorney, Joyce M. Holcomb, is a Certified Family Law Specialist. As on of the only women Certified Family Law Specialists within the City of San Bernardino, she brings unique skills, experience, and insight to the table when advocating for clients, including grandmothers, grandfathers, and parents. We are a proactive and solutions-focused family law firm with an extensive record of client testimonials. Among other things, our San Bernardino grandparents’ rights attorney is prepared to:
- Hear your story, answer family law questions, and explain the next steps;
- Investigate your case—gathering the supporting documentation that you need;
- Represent you in mediation or any other less formal settlement negotiations; and
- Take action to help you secure the best outcome in your grandparent rights case.
Contact! Grandparent’s Rights Attorneys in San Bernardino
The Law Office of Joyce Holcomb is one of San Bernardino’s top legal firms. Our San Bernardino Grandparent’s Rights Lawyers will fight for your rights in family court. Call 909-889-7111 for a free consultation today. We provide solutions-focused family law representation throughout San Bernardino County, including in Rancho Cucamonga, Fontana, Victorville, and Ontario.
