Grandparent Visitation Rights
Grandparents can play a crucial role in a child’s life. Andrew J. Botros, APC understands how important the grandparent-grandchild relationship can be and can help you understand how the law views that relationship.
At the onset of your case, one of our experienced attorneys will meet with you to discuss any rights you might have as a grandparent. A grandparent may be awarded reasonable visitation or custody of a child. Visitation rights permit the grandparent to have contact and/or communication with the child on a regular or scheduled basis. In family law, there are two forms of custody, legal and physical. Legal custody rights grant the custodian the responsibility to make decisions regarding the health safety and well being of the child. Physical custody rights grant the custodian the ability to have the child live with him or her.
Grandparent Visitation Rights: In San Diego, upon petition by a grandparent, the court may grant reasonable visitation rights to the grandparent. First, the court must find that a relationship between the grandparent and grandchild existed prior to the filing of the petition. Second, that relationship must indicate that it is in the best interest of the child to visit with the grandparent. Another important consideration for the court is the parent’s right to make decisions regarding his or her child. Therefore the court balances the child’s interest in having visitation with the grandparent against the parent’s right to exercise parental authority in making a decision.
Grandparent Custody Rights: Before a court will grant custody of a child to a non-parent over the objection of a parent, the court must determine it is detrimental to the child’s best interest to grant custody to the objecting parent. Next, the court will evaluate whether placing the child in the custody of the non-parent will serve the best interest of the child.
If you are a parent concerned about your visitation and custody rights we can provide you with information and guide you through your options.
If you wish to schedule a consultation with Andrew J. Botros or Matthew S. Blado, call us at (858) 422-1377.
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