Newport Beach Grandparents' Rights Attorney
Get Help from a Newport Beach Family Lawyer
Although the family laws have changed in the last decade to reflect a new
recognition of the importance of the father to a child, unfortunately,
that is not quite as true for grandparents. More and more, however, grandparents
are fighting for their rights and the courts are listening. With the nature
of modern life, thousands of grandparents throughout Orange County are
separations, break-ups, and
When a couple's marriage ends or children move far away, it is often
the grandparents who suffer. They may no longer be able to spend time
with their grandchildren. This is especially the case if there has developed
animosity between the mother and father of the children or, one of the
parents wants to sever ties with the grandparents.
Grandparents or parents: Whose rights are maintained?
Visitation rights for grandparents were forever changed in June of 2000
when the Supreme Court issued a majority decision on the subject in the
now infamous case of Troxel v. Granville. Dating back to 1993, the case
centered around an ongoing question among many grandparents and parents:
When death or divorce limit a parent's rights to visit their child,
how will a grandparents' rights be consequently affected? The groundbreaking
case ruled in favor of the parents, strictly limiting the rights of grandparents
in situations such as those described above. Therefore, if you are seeking
visitation as a surviving grandparent then you will need strong legal
counsel from a Newport Beach family law lawyer on your side to help you do so.
Generally, in order for a grandparent to be issued visitation rights of
their grandchildren in the event of divorce, remarriage or death they
grandparents will need to legally prove that their wish for visitation
stems from what they believe to be in the bests interests of the child
involved. Above and beyond this, grandparents will be expected to prove
that their actions are not abusive – physically, emotionally, sexually
or verbally – and that the time they spend with the children will
be nothing but beneficial to the child. A skilled Newport Beach family
lawyer is invaluable in this process.
Grandparents' Rights to Visitation & Custody
Grandparents are put at a general disadvantage when it comes to the rights
given to them by U.S. law. There are not stipulations in federal law about
how grandparents should be factored into issues of child custody and visitation.
These rights are instead recognized at the state level and represent a
fairly recent trend in legislation. In some cases, fully custody will
be permitted to the grandparents of one or more children whose parents
are either unfit to suitably care for the needs of the child or whose
parents are no longer around to care for the children. Court mandated
visitation may also be granted in cases where the grandparents' rights
to see their grandchildren stand to be adversely affected by a divorce
When determining how the rights of grandparents will be officially carried
out the courts will act in the same way as when decisions are made involving
the child's legal parents; the courts will act in the best interests
of the child in all cases. This generally means that the following factors
will be taken into consideration before an ultimate decision and legal
ruling are made: the safety of the child, the physical and emotional wellbeing
of the child, the capability of the parents vs. the capability of the
grandparents, the length of the relationship between grandparents and
grandchildren, the wishes of the child, the wishes of the parents and
grandparents, evidence of abuse by the parents (or grandparents), the
ability of the grandparents to love and properly provide for the grandchildren involved.
Contact The Law Offices of Marc E. Mitzner today for experienced representation in your case!