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 go to this extreme, you need to sit down and think about what exactly it is that you want. You might be seeking the legal right to have access to your grandchildren with a court ordered visitation schedule. If it's your belief that one or both of the parents is suffering from substance abuse, or resorting to physical violence, you will be concerned enough to sue for partial or full custody, at least until the parents demonstrate sobriety.
It's not easy for grandparents to get custody. The courts try to keep families together, and they will rule in the best interests of the minor children. Getting custody requires proving the children are being abused, neglected, or have been abandoned. If the grandchildren have been in your care for some time, it could be possible to show that you have earned custodial rights.
If you decide to go forward, you are going to have to retain the services of an experienced attorney. Your best choice is probably a family law attorney. You will have many meetings with your attorney. At the first consultation, you need to bring all the necessary documentation with you, discuss the merits of your case, and find out what the fee structure is.
After all the information is gathered, you and your lawyer can start preparing your case. The case the lawyer argues will depend on the situation. Requesting a court ordered visitation schedule is usually fairly straightforward. Seeking temporary custody until the parents address their personal problems will require more work. Fighting for permanent guardianship means the grandchildren will be your responsibility until they are eighteen. This is the most complicated scenario.
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.
If you really want to understand what is going on in court, it is a good idea to familiarize yourself with the language and court procedures. The judge may order the parties to enter into mediation to try and work out the differences prior to going to trial. You have no choice but to attend. If the mediation doesn't result in an agreement, the case proceeds.
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 go to this extreme, you need to sit down and think about what exactly it is that you want. You might be seeking the legal right to have access to your grandchildren with a court ordered visitation schedule. If it's your belief that one or both of the parents is suffering from substance abuse, or resorting to physical violence, you will be concerned enough to sue for partial or full custody, at least until the parents demonstrate sobriety.
It's not easy for grandparents to get custody. The courts try to keep families together, and they will rule in the best interests of the minor children. Getting custody requires proving the children are being abused, neglected, or have been abandoned. If the grandchildren have been in your care for some time, it could be possible to show that you have earned custodial rights.
If you decide to go forward, you are going to have to retain the services of an experienced attorney. Your best choice is probably a family law attorney. You will have many meetings with your attorney. At the first consultation, you need to bring all the necessary documentation with you, discuss the merits of your case, and find out what the fee structure is.
After all the information is gathered, you and your lawyer can start preparing your case. The case the lawyer argues will depend on the situation. Requesting a court ordered visitation schedule is usually fairly straightforward. Seeking temporary custody until the parents address their personal problems will require more work. Fighting for permanent guardianship means the grandchildren will be your responsibility until they are eighteen. This is the most complicated scenario.
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.
If you really want to understand what is going on in court, it is a good idea to familiarize yourself with the language and court procedures. The judge may order the parties to enter into mediation to try and work out the differences prior to going to trial. You have no choice but to attend. If the mediation doesn't result in an agreement, the case proceeds.
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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