Families disagree all the time. Sometimes the disagreements can get quite heated and people stop talking to one another. Unfortunately, a few parent use their children to get back at the grandparents by denying them access to the little ones. When grandparents feel like they have no other recourse, or suspect the children are in a dangerous situation, they may seek legal grandparent visitations Rancho Cucamonga parents have no choice but to abide by.
Before you do anything, you should sit down and carefully consider exactly what kind of rights you want. It may be that you want the court to give you the legal right to see your grandchildren and set up a schedule for visitation. If you believe one or more of the parents has a substance abuse problem, or there is physical violence in the home, you are probably intent on seeking full or partial custody until the parents get professional help.
A custody request is hard to get granted. Courts will look first at what the best interests of the children are, and don't like to take minor kids away from their parents. It requires proof of extraordinary circumstances, such as neglect, abuse, or abandonment. If you have been what the law refers to as in loco parentis for some time, you may convince a judge that you have established custodial rights.
You will need legal representation. A family lawyer is probably your best choice. These cases can be tricky and difficult to prove. When you first consult with the attorney, you should bring with you all the paperwork you have pertinent to your case. The attorney will make a preliminary determination about the merits of the case and discuss the fee structure.
After all the information is gathered, you and your attorney can start to prepare a case. The kind of case brought depends on your unique situation. If you want visiting rights, your case may be fairly simple. Seeking temporary custody to take children from unfit parents, until they get help may be more difficult. The most problematic case for grandparents is one in which they seek permanent guardianship.
Once the petition is filed, both sides will prepare to bring their best cases in front of the judge. You might be deposed by the other side, which means you will be required to meet and answer questions concerning the situation. Your attorney will present a list of witnesses, including any necessary expert witnesses.
It's a good idea to familiarize yourself with court procedures and language before you go to court. That way you will have a better idea of what is going on and how the case is proceeding. Before the case goes to trial, the judge may order both sides into mediation. You must comply. If the mediation is unsuccessful, the case will proceed.
Going to court should be a last resort. Unless you believe your grandchildren to be in imminent danger, you should try everything else first. The only winners in most of these cases are the lawyers.
Before you do anything, you should sit down and carefully consider exactly what kind of rights you want. It may be that you want the court to give you the legal right to see your grandchildren and set up a schedule for visitation. If you believe one or more of the parents has a substance abuse problem, or there is physical violence in the home, you are probably intent on seeking full or partial custody until the parents get professional help.
A custody request is hard to get granted. Courts will look first at what the best interests of the children are, and don't like to take minor kids away from their parents. It requires proof of extraordinary circumstances, such as neglect, abuse, or abandonment. If you have been what the law refers to as in loco parentis for some time, you may convince a judge that you have established custodial rights.
You will need legal representation. A family lawyer is probably your best choice. These cases can be tricky and difficult to prove. When you first consult with the attorney, you should bring with you all the paperwork you have pertinent to your case. The attorney will make a preliminary determination about the merits of the case and discuss the fee structure.
After all the information is gathered, you and your attorney can start to prepare a case. The kind of case brought depends on your unique situation. If you want visiting rights, your case may be fairly simple. Seeking temporary custody to take children from unfit parents, until they get help may be more difficult. The most problematic case for grandparents is one in which they seek permanent guardianship.
Once the petition is filed, both sides will prepare to bring their best cases in front of the judge. You might be deposed by the other side, which means you will be required to meet and answer questions concerning the situation. Your attorney will present a list of witnesses, including any necessary expert witnesses.
It's a good idea to familiarize yourself with court procedures and language before you go to court. That way you will have a better idea of what is going on and how the case is proceeding. Before the case goes to trial, the judge may order both sides into mediation. You must comply. If the mediation is unsuccessful, the case will proceed.
Going to court should be a last resort. Unless you believe your grandchildren to be in imminent danger, you should try everything else first. The only winners in most of these cases are the lawyers.
About the Author:
If you'd like to know more about the rights of grandparent visitations Rancho Cucamonga attorney is at your disposal. Schedule a consultation today through this website at http://www.theelderlawlegalgroup.com/practice-areas/san-bernardino-grandparent-rights-attorney.
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