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.
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.
It's a good idea to familiarize yourself with court procedures and language before you go to court. That way you will have a better idea of what is going on and how the case is proceeding. Before the case goes to trial, the judge may order both sides into mediation. You must comply. If the mediation is unsuccessful, the case will proceed.
It is always a better idea to resolve differences before going to court. Unless the grandchildren are in danger, you should do everything possible to come to a mutual agreement. That's better for you, your children, and your grandchildren.
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.
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.
It's a good idea to familiarize yourself with court procedures and language before you go to court. That way you will have a better idea of what is going on and how the case is proceeding. Before the case goes to trial, the judge may order both sides into mediation. You must comply. If the mediation is unsuccessful, the case will proceed.
It is always a better idea to resolve differences before going to court. Unless the grandchildren are in danger, you should do everything possible to come to a mutual agreement. That's better for you, your children, and your grandchildren.
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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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