Grandparents’ Rights

San Jose Family Lawyer

Grandparents’ Rights

Throughout history, it has been common for children to have close relationships with their grandparents, including being raised exclusively by them. However, it is only in recent years that questions about grandparents’ legal rights to their grandchildren have been raised.

Visitation Rights after a Divorce

When parents divorce, separate, or have their marriage nullified, the children’s grandparents can file for visitation rights. If they choose to do so, they will be required to participate in the divorcing couple’s mediation process. This will ensure that each party’s right to spend time with the children is met.

In order to be granted visitation rights, grandparents must show that their presence will be a positive force in the children’s lives. If this evidence is compelling, a judge can grant visitation rights even if one or both parents object.

Custody Rights

In the United States alone, one million children are currently in the exclusive custody of their grandparents. Some have been abandoned, while others’ parents have died. In some cases, grandparents have had to fight to take custody from negligent or abusive parents. This can be done by filing for custody and winning a hearing, although it is never as simple or easy as it may sound.

In order to win custody from one or both parents, a person must demonstrate that the parents are failing to do an adequate job, and that he or she could do better. As in all custody hearings, the judge will weigh many factors and make a choice based on the best interests of the child.

Contact a San Jose Child Custody Attorney

If you need help securing custody or visitation rights to your children or grandchildren, contact San Jose child custody attorney Daniel Jensen at 408-296-4100.