There are times in most families when loved ones disagree. They may even avoid one another completely for a while. While most disagreements blow over, other times they persist. Parents may punish grandparents by restricting access to beloved grandchildren. When these grandparents also have concerns about the way the grandchildren are being raised, they may be forced to seek legal grandparent visitations Rancho Cucamonga courts will uphold.
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.
Getting custody is difficult, and the courts are only concerned with what is in the best interest of the children. To actually get custody grandparents have to prove that there are extraordinary circumstances that require it. This must be something like abandonment, neglect, or abuse. If you have been acting as the parent for a period of time, you may be able to convince the court that you have a right to custody.
You can't handle this yourself. You will have to hire a good attorney who specializes in family law. These cases are complicated, and you will be spending a lot of time with your attorney. You should turn over all the documentation you have as early as possible. In your first meeting, the attorney will discuss the merits of the case, and tell you what her fee structure is.
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 filing a petition, the work of finalizing this case, for both sides, will begin. You might have to appear in one of the attorney's offices to be deposed, meaning you will be under oath answering questions asked by the opposing attorney. There will be lists of witnesses, some expert, to file with the court.
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.
Resolving differences before it gets to this point is certainly the best case scenario. If you believe your grandchildren are in imminent danger, you have no choice but to proceed. The welfare of the children should be everyone's priority.
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.
Getting custody is difficult, and the courts are only concerned with what is in the best interest of the children. To actually get custody grandparents have to prove that there are extraordinary circumstances that require it. This must be something like abandonment, neglect, or abuse. If you have been acting as the parent for a period of time, you may be able to convince the court that you have a right to custody.
You can't handle this yourself. You will have to hire a good attorney who specializes in family law. These cases are complicated, and you will be spending a lot of time with your attorney. You should turn over all the documentation you have as early as possible. In your first meeting, the attorney will discuss the merits of the case, and tell you what her fee structure is.
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 filing a petition, the work of finalizing this case, for both sides, will begin. You might have to appear in one of the attorney's offices to be deposed, meaning you will be under oath answering questions asked by the opposing attorney. There will be lists of witnesses, some expert, to file with the court.
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.
Resolving differences before it gets to this point is certainly the best case scenario. If you believe your grandchildren are in imminent danger, you have no choice but to proceed. The welfare of the children should be everyone's priority.
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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