Currently, I am estranged from my daughter, how do I maintain visitation with my grandchildren?

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Currently, I am estranged from my daughter, how do I maintain visitation with my grandchildren?

Asked 11/13/2009 under Divorce, Marriage, Alimony | 270 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

If your daughter is not willing to allow you to visit with your grandchildren, then you need to consult an attorney in your area that is experienced with "grandparent" rights cases. You will probably need to go to court and get some kind of visitation order allowing you to have visitation with your grandchildren. Keep in mind that grandparents do not have automatic rights regarding visitation. But an experienced attorney, after reviewing your situation, can determine if you have grounds for seeking visitation rights. Good luck.

California, like most states, has a grandparent visitation law.  Under the law, courts can order that grandparents be permitted to visit their grandchildren, even if the children's parents object.  However, grandparents' ability to obtain visitation rights to their grandchildren has become very difficult, if not almost impossible.  California, now holds true to the concept that parents have a fundamental liberty to make decisions about their children's care, custody and control.  Therefore, if a parent is a fit parent and allows at least some contact with the grandparents, even if just minor, the grandparents will have a very difficult time convincing trial courts to grant them formal visitation rights to their grandchildren.

In addition, California law also provides a rebuttable presumption that grandparent visitation is not in a child's best interest if the parent who has sole legal and physical custody of the child objects, or if the parent with whom the child resides (in the absence of a custody order) objects.

The foregoing notwithstanding, current law provides several mechanisms by which grandparents may obtain court-ordered visitation with their grandchildren.

Since death of a parent or a custody battle pursuant to divorce are not mentioned, the mechanism most applicable to your situation allows grandparents to request visitation rights to their grandchildren, and allows the court to grant such rights, only if (1) the visitation order is in the child's best interest; (2) there is a pre-existing bond between the child and the grandparents that justifies visitation; and (3) the child's interest in visitation outweighs the parents' right to exercise parental authority.

There are further requirements and an family law attorney is the best one to explain them yo you.

Best of luck.

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