It's not unusual for family members to disagree, have serious arguments, and even stop speaking for a time. Unfortunately sometimes parents refuse to allow grandparents to interact with grandchildren unless certain criteria are met. When parents are totally unreasonable, and grandparents have serious concerns about how grandchildren are being raised, going to court to get legal grandparent visitations Rancho Cucamonga judges order may be necessary.
Before you make any commitments to legal action, you should carefully consider exactly what rights you want to fight for. If you just want the ability to have a physical relationship with the grandchildren, court ordered scheduled visits will be your goal. If you are afraid one of the parents, or both, have a substance abuse problem, or have anger issues, you need to file for temporary custody until the issues are resolved.
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.
Once you have all the information, you and your attorney can begin to prepare your case. The type of case you bring depends on the circumstances. You may be requesting visitation, which is often granted. It might be that you are seeking temporary custody because the parents are temporarily unfit. Legal custody means you are in charge of the children until they reach the age of eighteen.
After the petition has been filed, the opposing attorneys begin finalizing their cases. You may be subpoenaed and instructed to appear at a deposition where you will be questioned by the other side's attorney. A list of witnesses will be submitted to the court. The list may include expert witnesses.
Familiarizing yourself with courtroom language and procedures will help you understand how the case is progressing. The judge may order you and your grown children to try mediation before the case goes to court. Refusing to try mediation will hurt your chances to get the legal results you want. If you and your children can't come to an agreement with the help of the mediator, the case can 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 make any commitments to legal action, you should carefully consider exactly what rights you want to fight for. If you just want the ability to have a physical relationship with the grandchildren, court ordered scheduled visits will be your goal. If you are afraid one of the parents, or both, have a substance abuse problem, or have anger issues, you need to file for temporary custody until the issues are resolved.
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.
Once you have all the information, you and your attorney can begin to prepare your case. The type of case you bring depends on the circumstances. You may be requesting visitation, which is often granted. It might be that you are seeking temporary custody because the parents are temporarily unfit. Legal custody means you are in charge of the children until they reach the age of eighteen.
After the petition has been filed, the opposing attorneys begin finalizing their cases. You may be subpoenaed and instructed to appear at a deposition where you will be questioned by the other side's attorney. A list of witnesses will be submitted to the court. The list may include expert witnesses.
Familiarizing yourself with courtroom language and procedures will help you understand how the case is progressing. The judge may order you and your grown children to try mediation before the case goes to court. Refusing to try mediation will hurt your chances to get the legal results you want. If you and your children can't come to an agreement with the help of the mediator, the case can 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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