Southern California Grandparents Custody and Visitation Rights Lawyers

Grandparents Custody Rights

Custody cases are always complicated. But when the families involved aren't traditional nuclear families or have legal trouble, the case can become even more complex. Despite the changes in our society over the last fifty years, the law still doesn't always recognize the roles of grandparents and other relatives, step-parents, same-sex parents and other non-traditional family arrangements. Fortunately, California law is much more thorough than the laws of many other states in recognizing these special families. Wallin & Klarich welcomes clients whose families don't fit the mold.

Grandparents and relatives have the most legal rights to visitation and custody in California. They may petition the court for visitation even if both parents are alive and married to one another; when parents separate; when one parent is deceased; or when the children are in foster care. In all of these cases - as in all visitation and custody cases - the court's first consideration is whether granting the order is in the best interests of the children. The court will also take into account whether:

  • There's a preexisting bond between the grandparents and the children.
  • The children's best interest are strong enough to overcome the parents' rights to exercise their parental authority.
  • The parents have separated, or one parent has disappeared.
  • The child is not living with either parent.
  • One or more parents agrees to the grandparents' request.

Courts are obligated to put parents' rights and whishes first, thanks to a U.S. Supreme Court decision from 2000. As long as the parents are fit parents and allow the children to have at least some contact with grandparents, they have a strong visitation or custody case. However, grandparents and other blood relatives are given first preference by the courts when the blood parents are unavailable or unfit. Courts will consider relatives' financial situations, health and ages when making custody decisions.

At Wallin & Klarich, we approach each custody case with the belief that it could easily involve one of our own families. We understand how emotional and stressful a custody case can be. That's why we're committed to always being available for our clients. You can reach us by telephone or online 24 hours a day, seven days a week, and every day of the year. We maintain more than 20 offices in six Southern California counties, so we can be where you are. And, because we've practiced law in Southern California for more than 30 years, we have a length and depth of experience that few family-law firms can match. We understand California child custody law, and we know the courts and judges that will hear your case, because we've appeared before them many times. With Wallin & Klarich, you can count on experienced, thorough and passionate legal representation.

For a free phone consultation with an experienced California child custody attorney, call Wallin & Klarich today at 1-888-290-5379 or fill out our confidential online case evaluation form.

If you're facing a child custody matter, you need an experienced, effective family lawyer on your side -- like the expert Southern California family law attorneys at Wallin & Klarich. Whether you need an hour in our offices or full representation in court, we're committed to helping your family get the best possible outcome to custody disputes. For a free consultation with Wallin & Klarich family law attorneys, call us today at 1-888-290-5379 or fill out our confidential case evaluation form online. We'll be here for you, whenever you call.

California Grandparents Custody Rights Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a child custody attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

© 2009 Wallin & Klarich - All rights reserved. San Diego Child Custody Lawyers and Visitation Rights Attorneys serving all areas of Southern California including Los Angeles, Orange County, San Diego, the Inland Empire and Tustin.

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