Riverside Grandparents Rights Lawyer

Grandparents Rights Attorney in Riverside, CA

Grandparents play an important role in a child’s upbringing. When that bond is threatened, legal matters may be necessary. A skilled Riverside grandparents’ rights lawyer can help with your case, whether it’s a petition for visitation, custody of your grandchild, or a guardianship appointment.

If your case also involves broader family issues, our Riverside family law attorney can help you navigate the overlapping legal processes that often affect grandparents’ rights petitions.

About Us

At the Law Offices of Michelanne Hrubic, we are dedicated to representing grandparents in Riverside, Chino Hills, and throughout Southern California. Michelanne has years of experience, skills, and legal knowledge that can assist you with confusing California grandparents’ rights laws. She uses a compassionate, client-focused approach to every case and is dedicated to resolving every case with an optimal outcome.

Overview of Grandparents’ Rights Cases in California

Grandparents are key figures in the lives of children across the country. Roughly 6.7 million adults over the age of 30, or 3.3%, live in the same home as their grandchildren. Out of these grandparents, 32.7% were responsible for providing care for their grandchild.

California’s grandparents’ rights laws are designed to protect their ability to request visitation or assume a primary caretaking role for their grandchildren. These cases can be challenging due to the legal priority given to parents. Strong evidence showing that the parent is unfit to take care of the child is necessary to pursue a claim that goes against the parent’s wishes. Some examples that can be used to waive parental priority include:

• Evidence of abuse or neglect
• History of drug and alcohol abuse
• Concerns about a parent’s mental health
• Unstable living conditions, such as homelessness
• Criminal history or current incarceration

Grandparents’ rights cases fall under family law, and are handled through the Superior Court of California, County of Riverside’s Family Law Courthouse, located at 4175 Main St, Riverside, CA 92501. When custody or visitation disputes arise, our Riverside child custody lawyer can provide valuable insight into how California courts decide what’s in the child’s best interests.

Hire a Grandparents’ Rights Lawyer in Riverside, CA

The legal priority given to the parents can be difficult to overcome on your own. While you may handle your case alone, it is recommended that you hire a grandparents’ rights lawyer to assist you with your case. Your Riverside grandparents’ rights attorney can help you with each step of your case. They can draft your petition, advocate for you in mediated talks, and represent you both in and out of the courtroom.

The following are a few types of cases that the Law Offices of Michelanne Hrubic can assist with:

Visitation

Visitation cases are the most common type of grandparents’ rights case in California. It involves filing a petition that demonstrates it is in the best interest of the child for them to spend time with their grandchild. Common arguments used for court-mandated visitation include that:

• There is a long, pre-existing bond with the grandchild that must not be interrupted
• One or both parents have died
• The grandchild’s parents are separated
• The child does not currently live with a parent

Courts look at many of the same factors they consider in custody cases. Understanding how child custody is determined in California can help you see how judges evaluate the child’s best interests and family relationships in grandparent visitation cases.

Guardianship

Grandparents are sometimes required to step in and assume an official caretaker role for their grandchild. This occurs when the parent is either unable to or is unfit to take care of a child. To gain guardianship, you must submit a Petition for Appointment of Temporary Guardian to the Riverside Superior Court.

Guardianship petitions are categorized as either standard non-emergency or emergency requests. If the case is urgent, the timeline can be waived for same-day processing.

Custody

Full custody, or adoption, can grant a grandparent full caretaker rights for their grandchild. These cases can be necessary in situations where neither parent is alive or fit to play a role in their child’s upbringing. The process begins with the submission of an Adoption Request.  The following proceedings can be a lengthy endeavor, especially if a parent contests your request, and may require the termination of their parental rights.

FAQs

What Is the Difference Between Guardianship and Custody in California?

The main difference between a guardianship and custody in California is the timeline and nature of your rights to care for the child. Guardianships are designed to be temporary, lasting until the parent is fit to care for your grandchild. In guardianship cases, the parental rights remain. Custody claims grant a grandparent full priority and rights to be the child’s caretaker.

How Much Is a Grandparents’ Rights Attorney in California?

How much your California grandparents’ rights attorney depends on the type of case you need help with, the work hours it requires, and its complexity. Finalizing a custody claim when your grandchild is already living with you tends to cost less than a visitation rights case with contesting parents. Another contributing factor is the pricing model your attorney uses, with different firms utilizing hourly rates, retainer expenses, or flat fees.

What Can You Do If You Cannot See Your Grandchild in California?

You have several options when you are barred from seeing your grandchild in California. The first step is to try to speak with your grandchild’s parents and resolve issues outside of court. A mediating third party can help in these discussions. If this fails, you can petition the courts for visitation rights. In this claim, you must prove that you have a preexisting relationship with the child and that visitation is in their best interest.

How Hard Are Grandparents’ Rights Cases in California?

In California, grandparents’ rights cases can be difficult to win. Parental rights take priority over grandparents, which gives them an advantage in any legal proceedings. Elements of your case, such as the parents’ status and your bond to the child, can make the process easier or harder. Winning a visitation claim when both parents are alive, live together, and object is more challenging than when one parent is deceased and you have a clear history with the child.

Speak With a Riverside Grandparents’ Rights Attorney Today

At the Law Offices of Michelanne Hrubic, we understand how difficult grandparents’ rights cases can be and the unique challenges that come with them. Our team has the knowledge, skills, and legal experience to make a positive impact on your case.

Contact us today by either calling us or filling out our online contact form to schedule an initial consultation. In our first meeting, we can hear your story and address any concerns you have in your grandparents’ rights case.