Simply being the grandparent of a child does not give you legal rights to have access to, or possession of, that grandchild. This is because parents have a constitutional right to care for, and control, their children. Consequently, parents generally have a legal right to determine whether their kids have, or don’t have contact with the grandparents.
In order for a grandparent to bring a suit to have legal rights to a child, that grandparent must have “standing” or the right to be heard. Having “standing” does not mean the grandparent will ultimately win in court, but rather, that the grandparent may ask the trial court ask for help. Whether you are successful in your quest for grandparent rights, will determined by the circumstances compelling your requests.
Getting in the door, or the issue of “standing” is so complex, that it is for a grandparent to consult with an experienced grandparents’ rights attorney before proceeding on what can be a long and arduous legal journey.
Once in the door, you will have to show the trial court that the facts of your case support your claim for grandparent rights. This accumulation and presentation of evidence, should be handled by a seasoned family law attorney.
At San Marcos Family Law, we have been handling grandparents’ rights law for over 32 years. Our team is well-acquainted with the intricacies of grandparent rights cases, and have assisted grandparents to not only gaining access to, and visitation with, their grandchildren, but have also helped grandparents be named the primary conservators of their grandchildren.
If you find yourself as a grandparent in need of an evaluation regarding your grandparent rights, contact San Marcos Family Law.
Are you feeling overwhelmed, and you just don’t know your legal alternatives? Do you feel like the weight on your shoulders is burying you?
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