grandparents Archives - Lonich Patton Ehrlich Policastri

The second season of HBO’s Big Little Lies was overflowing with entertaining drama. One of the leading storylines involved Meryl Streep’s character, Louise. She was a concerned and doting grandma fighting for child custody over Nicole Kidman’s character, Celeste’s twin sons. There were many scenes involving attorney meetings, legal strategy and exciting witness examinations in a gut-wrenching trial. But how much of what was portrayed on screen happens in real life? Could a grandparent in San Jose, for instance, fight for joint custody over their grandchildren?

The short answer is yes; especially with the help of a dedicated attorney at Lonich Patton Ehrlich Policastri. However, this issue is somewhat complicated, so the help of a knowledgeable attorney in San Jose is crucial.

A grandparent holds their grandchild's hand. Joint custody for grandparents is possible with an experienced attorney.

What You Should Know About Grandparents And Child Custody

Parents have the legal right to the custody, care, and control of their children. However, there are many situations where a grandparent assumes the role of primary caregiver for their grandchild. Yet, a grandparent’s parental role in their grandchild’s life does not give a grandparent the legal right to the custody, care and control of their grandchild.

A grandparent can fight for child custody under California Family Code § 3041: “Custody award to nonparent.” Under this code, the court must make a finding that (1) granting custody to a parent would be “detrimental” to the child and (2) that granting custody to the nonparent is required to serve the best interest of the child. Because of this, it is less likely that a grandparent would receive joint custody. However, if this is a concern of yours, please contact an attorney at Lonich Patton Ehrlich Policastri in San Jose.

Although parents have a fundamental right to custody of their children, this right is not absolute. What is of upmost importance is the child’s fundamental right to have a home placement that is safe. They deserve a home that is stable, and permanent. It is up to the court to decide whether that be with their parents or grandparents. Potentially, the court could decide upon another third party. At the end of the day, the court bases its decision off what is in the best interest of the child. This “best interests” approach allows courts to comprehensively look at all circumstances in determining which home environment a child would be happiest and most successful.

Get In Contact With An Attorney

These issues can get extremely complicated and hard to understand. Therefore, if you or a loved one is a dedicated grandparent hoping to fight for child custody or want to learn more about joint custody options, please contact one of the dedicated attorneys at Lonich Patton Ehrlich Policastri in San Jose. You can set up a free consultation here.

Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

The relationship between a grandparent and a grandchild can be one of great happiness and importance for both the grandparent and grandchild. However, sometimes events such as divorce or a parent’s death may strain loving relationships between grandparents and their grandchildren. As a result, the grandchild’s parent(s) may block any further contact with grandparents. However, all 50 states now have some type of grandparent visitation law that allow grandparents to ask the court to give them the legal right to maintain their relationships with their grandchildren.

In California, a statute grants visitation rights to grandparents only when they have a preexisting relationship with their grandchild “that has engendered a bond such that visitation is in the best interest of the child.” Cal. Fam. Code § 3104. In addition, the statute directs the court to balance the interest of the child in visitation with his or her grandparent against the right of the parents to exercise their parental authority. Id. Finally, the statute provides a rebuttable presumption that grandparent visitation is not in the best interest of the child if the parent objects.

However, in a recent case, Stuard v. Stuard, the Third District found that even though Family Code section 3104 provides a rebuttable presumption that grandparent visitation is not in the best interest of the child if the parent objects, the parent’s right is not absolute. Stuard v. Stuard (2016) 244 Cal. App. 4th 768. According to the Stuard court, the law “reflects a legitimate state interest in preserving an already existing grandparent-grandchild relationship that is threatened but in the best interest of the grandchild to safeguard.” In other words, even though there may be rebuttable presumption, it may be overcome. The grandparents will need to show in some detail what it is that they add to the grandchildren’s lives, not just a general statement that they have a close relationship with the children and that continuing that relationship is in the best interest of the child.

In a time when families are constantly changing, grandparent visitation laws have become increasingly significant. If you have any questions about grandparent visitation and would like to speak to an attorney, please contact Lonich Patton Ehrlich Policastri for further information. Keep in mind that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Posts

Can A Grandparent Have Joint Custody Of A Child With A Parent?

What You Should Know About Grandparents And Child Custody

Get In Contact With An Attorney

Grandparents Have Rights Too: Grandparent Visitation

Free 30-Minute Family Law or Estate Planning Consultation

Contact Us