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Orange County Grandparent’s Rights Attorney

One of the saddest results of divorce that sometimes occurs is the termination of a relationship between a grandparent and grandchild. In recent years, the matter of a grandparent’s rights to visitation with their grandchild(ren) have come to the forefront. There are two basic aspects with respect to grandparent’s rights. They are visitation and custody. In the state of California, if a grandparent can demonstrate to the court that it is in the “best interests” of the child that a relationship be maintained between the grandparent and grandchild, the court generally will establish a right to visitation. However, it should be noted that California courts have wide discretion when it comes to determining what the best interests of the child are.

In regards to grandparent custody, the matter is quite complex. A grandparent’s rights to custody are consistent with that of the taking on the role of a full-time parent and are not easily granted when one or both parents of the child are living. California treats a grandparent’s rights to custody in the same category as a non-biological/non-parent. In order for grandparents to get custody of their grandchild, they must provide clear and convincing evidence that it is detrimental to place the child in the custody of either both or one of their legal parents. What this means is that if both or either one of the parents is considered to be entirely unfit, then the grandparent may gain custody of the child. Factors that are looked upon by the courts in such matters include child abuse, drug addictions, and/or abandonment by one or both parents.

Your Orange Country Grandparent’s Rights Lawyer

Since the United States Supreme Court’s decision in Troxel versus Granville, a grandparent’s rights to obtain visitation have become quite complex and difficult to obtain. It was argued that it is unconstitutional for a State Court to award visitation or even partial custody to grandparents if a parent disagrees with the request. As with most states, California follows the concept that parents have a fundamental right to make decisions about their child(ren)’s custody, care, and control. Without the expertise of an Orange County grandparent’s rights lawyer, grandparents will have a very difficult time enforcing visitation.

The avenues and strategies that Orange County grandparent’s rights lawyers must pursue are quite intricate and require a thorough knowledge of California’s grandparents rights laws. As a leading Orange County grandparent’s rights attorney, Sharman L. Brooks will pursue every means available to help establish grandparent’s rights to visitation or custody. Orange County grandparent’s rights attorney Sharman L. Brooks offers practical solutions during such difficult and sensitive times. For more information about Orange County grandparent’s rights, please contact Orange County grandparent’s rights attorney Sharman L. Brooks today.

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