Grandparent Rights

In California, grandparents have no absolute right to visitation with their grandchildren. In some cases, however, grandparents may have the right to visit their grandchildren even over the objection of the children's parent/s. Therefore, it is vital to contact a skilled litigation attorney when dealing with issues involving grandparents' rights.

At Lonich & Patton, we are committed to working with grandparents to help them maintain access to their grandchildren. Our attorneys typically handle two types of grandparents' rights cases: those involving the custody of grandchildren and those involving grandparents seeking visitation rights.

1. Seeking Visitation With Grandchildren

Grandparent visitation issues are complex. Parents have a fundamental right to the care, custody and control of their children. However, there are a number of situations where the courts may grant grandparents visitation rights:

• One parent has died and the remaining parent refuses to let the grandparents visit.
• The parents are divorced.
• The child does not live with either parent.
• Visitation is deemed by the court to be in the best interest of the child.

The courts begin with the assumption that the rights of the parents supersede those of grandparents. However, our attorneys have significant litigation and trial experience, and they are committed to working to help grandparents enforce visitation rights.

2. Seeking Custody Of Grandchildren

Unless a court determines that both parents are unfit, one parent will always be granted custody of the children. When we represent grandparents in custody matters, the parents are typically dead, in prison or kept away as a result of drug abuse, alcohol abuse or child abuse. In such cases, remaining in the custody of either parent would be detrimental to the child. Due to our extensive litigation and trial experience, we are able to help grandparents demonstrate that parents are unfit and help grandparents gain custody of their grandchildren.

Contact Our San Jose Grandparents Rights Lawyers

If you have any questions about grandparents' rights, please contact Lonich & Patton for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.

Where We Practice

Lonich & Patton, LLP handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.