Rancho Cucamonga grandparent’s rights attorney Frank J. Prainito started conducting seminars on the rights of grandparents in Riverside County and later San Bernardino County at several different senior citizen centers in 1996, shortly after being admitted to the State Bar of California.
Grandparents’ rights have always been of great interest to Mr. Prainito personally because he was partially raised by his grandfather. He considers it an honor to have the opportunity to educate grandparents as to their rights of having a continuing relationship with their grandchildren. His parents encouraged him to spend time with his grandfather, not because they were divorced, but because his grandfather was living alone on a small farm and they felt it would be a good experience to get away from city life and live in a rural environment. That time spent with his grandfather on that small farm was a wonderful experience that will never be forgotten. His grandfather was a role model who taught valuable life lessons as only a grandparent can.Experienced Representation in Grandchild Visitation Matters
Under current California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild the court has to find:
A pre-existing relationship between the grandparent and grandchild, and that the bond is endangered because the grandparent is being denied contact with the child. This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild. A balance of interest in favor of the child having visitation with a grandparent versus the rights of the parents to make decisions about their child. Generally speaking, grandparents cannot file for visitation while the biological parents are married, but there are exceptions. As an example, the parents may be living apart and the court may find it to be in the children’s best interest to continue to have visits with their grandparents, or there can be other reasons such as the whereabouts of the parents are not known and the children need immediate care. In some cases, the parents may not be providing a suitable environment for the children and it would be in the children’s best interest for the grandparents to assume custody, in which case a guardianship may be needed.
Another example is where the parents are in a divorce proceeding and cannot agree to allow the grandparents’ visitation. In some cases, the grandparent’s may file a petition to the court to be a party. They may obtain what’s called a joinder and be allowed to file declarations stating why it is important that they be allowed a regular visitation schedule.
If a grandparent has visitation through the courts and things change to where none of the aforementioned exceptions no longer apply, one or both of the biological parents can ask the court to terminate the grandparent’s visitation and the court must then end the grandparent’s visitation rights at that time.Contact Our Grandparents’ Visitation Attorney Serving San Bernardino
Contact us online for more information about a grandparent’s rights to visitation, or you may call the Law Office of Frank J. Prainito, A Professional Corporation, at (909) 481-3626 to schedule a consultation for a detailed review of your specific case with our grandparents’ visitation attorney serving San Bernardino and Riverside County.