San Diego Attorneys Advocate for Grandparents' Rights
Proving that the relationship is in the children's best interests
When deciding custody and visitation issues, the court's main consideration is what is in the children's best interests. California law recognizes that allowing visitation with relatives, other than the parents, sometimes serves the children's best interests. Commonly the term "grandparents' rights" is used and the court actually determines grandchildren's rights to maintain these preexisting familial bonds.
Silverman & Silverman, Attorneys at Law, was founded in 1993 to help families in transition. Alan R. Silverman appeared on television in San Francisco to discuss a Supreme Court ruling regarding the visitation rights of grandparents. During our 40 years of combined experience, we have witnessed the profound effects of divorce on the relatives of and the children of separating couples. Children may find their important relationships with grandparents, stepparents, siblings, aunts, uncles and cousins suddenly severed when their parents' marriage ends. We help your family make the right decisions regarding these relationships. When the other parent refuses to allow contact with you, we seek the court's intervention to establish and enforce a grandparents' visitation arrangement.
When the court considers granting visitation to grandparents
Under California Family Code §3100-3105, you can petition the court for child visitation if the children's parents are unmarried and you have a preexisting strong relationship with your grandchildren. The court will balance your request for visitation against the parent’s right to exercise their authority over their children. The courts may consider a petition regarding children of married parents if:
- The parents are living in separate households
- The children do not live with either parent
- A parent's whereabouts remain unknown for at least one month
- One of the parents joins you in petitioning the court for visitation
- A stepparent has adopted the children
- A biological parent is deceased
- A dissolution is pending and child custody is already at issue
In all cases involving visitation by individuals other than the parents, the court balances parental rights with the children's best interests.
Resolving grandparent visitation through mediation
We typically emphasize alternative dispute resolution methods for establishing terms of visitation between family members. Even if you do not have a cordial relationship with your former in-law, cooperation is likely to benefit you, the other parent and the children. We have experience in mediation and collaborative law techniques and can advise you about negotiating a reasonable visitation agreement. In addition, attorney Alan Silverman can apply his 15 years of psychology experience to help your family set your differences aside for the sake of your grandchildren.
Consult with us about grandparents' rights to visitation
For help asserting your grandparents' rights to continue your strong relationship with your grandchildren, call Silverman & Silverman, Attorneys at Law, at 760.512.3251 or 415.906.4142 or online to schedule your free, initial phone consultation.
From our law office in Carlsbad, we serve clients in Oceanside, La Jolla, Vista, Encinitas, Escondido, Rancho Santa Fe and throughout the San Diego area.