Costa Mesa
Grandparents Rights Lawyer

California grants grandparents rights in specific situations, so it’s important to find an attorney who knows the law and can help you fight for access to your grandchildren. Whether you’re trying to secure custody, gain visitation, or modify an existing court order, our team is here to guide you through the process with compassion.

What Rights Do Grandparents Have?

Ordinarily, grandparents have limited rights when it comes to custody or visitation of their grandchildren, especially if the parents are married. However, courts may award visitation to grandparents if they find there is a preexisting relationship that merits visitation and does not impede the parents’ rights.

California Family Court Code § 3104 lays out circumstances in which the court may award visitation rights to grandparents while the child’s parents are still married. These include the following:

• The parents are currently living separately, either on a permanent or indefinite basis.
• One of the parents is absent for more than one month without notice or explanation.
• One of the parents joins the petition alongside the grandparent.
• The child does not reside with either parent.
• A stepparent has adopted the child.
• One or both of the parents are institutionalized or incarcerated.

How a Costa Mesa Grandparents’ Rights Attorney Can Help

Because grandparents must meet specific requirements to win visitation or custody rights over grandchildren, it helps to have an experienced Costa Mesa grandparents’ rights attorney on your side. The attorneys at the Law Offices of Lisa R. McCall are familiar with grandparents’ rights laws and the Lamoreaux Justice Center, where these cases are heard. Their experience and knowledge can help simplify the process for you. Your attorney can file your case, collect necessary evidence, and argue on your behalf.

What Do Grandparents Need to Receive Visitation Rights?

To obtain visitation rights, grandparents must demonstrate that they have a meaningful relationship with their grandchild and that continuing the relationship is in the best interest of the child. There are a few ways to prove that a relationship with you is best for your grandchild, including:

• Providing receipts that show you support the grandchild financially.
• Collecting statements from either parent or the child.
• Showing the court photographs or videos with the grandchild.
• Sharing statements from other witnesses.

Keep in mind that proving you have a relationship with your grandchild does not guarantee you’ll be awarded any type of visitation rights. The court will almost always favor the rights of the parents over those of the grandparents. A grandparents’ rights defense attorney can help you file your petition and fight for you in court.

Will the Court Award a Grandparent Custody of Their Grandchild?

In rare circumstances, the court may award a grandparent custody over their grandchild if a birth or adoptive parent cannot care for the child for any reason. In 2022, it was estimated that 4% of children in the U.S. were under the care of their grandparents. So while it is uncommon, it isn’t unheard of for grandparents to get custody.

Grandparents must show that they are willing and able to care for the child before the court will award them custody. If a grandparent is already acting as the primary caregiver of the child, the court may also grant them legal custody. Additionally, Costa Mesa courts may award a grandparent custody if the parents consent.

Why Choose the Law Offices of Lisa R. McCall?

If you’re considering petitioning the court for visitation or custody of a grandchild, you want a lawyer with knowledge and experience on your side. At the Law Offices of Lisa R. McCall, our lawyers have over 20 years of combined experience in family law cases, including grandparents’ rights cases.

Attorney Lisa McCall has even served on the board for the Orange County Bar Association’s family law and appellate sections, experiences made possible by her career successes.

We know how stressful this time in your life can be, and our goal is to alleviate some of that burden for you. The well-being of you and your family remains our top priority every step of the way.

FAQS

Q: Do Grandparents Have Legal Rights in Costa Mesa?

A: Yes, grandparents do have some legal rights to their grandchildren in Costa Mesa, although parents are not legally obligated to abide by them without a court order. It’s wise to consult a knowledgeable grandparents’ rights attorney to learn more about your options. They can represent you in the Lamoreaux Justice Center as you seek visitation or custody.

Q: Can Grandparents Seek Guardianship Over a Grandchild in Costa Mesa?

A: In Costa Mesa, grandparents can pursue guardianship of their grandchildren in specific situations. If the parents are unable or unwilling to care for their children, a grandparent can petition the court for full or partial custody. Parents can also sign away their rights to grant a grandparent custody.

There are 287,996 children in California living with their grandparents, and 80,248 have no parents present, so it’s completely possible to see grandparents receive guardianship.

Q: What Is the Difference Between Custody and Visitation?

A: Custody gives a parent or legal guardian the ability to make decisions for a child’s care, including their education and medical requirements. Visitation is simply court-mandated time a person is granted to spend with a child. For grandparents, it’s often much easier to win visitation than custody, as the legal requirements for guardianship are stricter.

Q: Can a Parent Object to Visitation for a Grandparent in Costa Mesa?

A: Parents can object to visitation for grandparents in Costa Mesa, and courts heavily favor the wishes of parents during custody battles. However, the court may rule in favor of a grandparent if it deems visitation to be in the best interest of the child, regardless of a parent’s protest. Grandparents must provide the court with proof that a continued relationship is in the child’s best interest if they hope to win visitation.

Hire a Grandparents’ Rights Lawyer in Costa Mesa

While grandparents’ rights are limited in Costa Mesa, California does have laws in place that can lead to custody or visitation for grandparents. Family disputes are usually challenging for everyone involved, but the end goal should always be the same for all parties, and that’s doing whatever is in the child’s best interest.

You don’t have to navigate the family court system on your own. Hire a grandparents’ rights lawyer in Costa Mesa from the Law Offices of Lisa R. McCall today, and let us fight for you. We can help you secure visitation or custody of your grandchild, working to ensure you keep your special bond with them. Contact us today to discuss your case and learn more about how we can help.