Grandparent Visitation and / or Custody is not a simple legal issue to implement. There are many factors that must be proven in a Court of Law for the Visitation and or Custody to be granted. The number one factor is the welfare of the child. Attorney B J Fadem, with 28 years experience in Family Law understands the process and procedures of the law regarding the rights of Grandparents.

Common questions are:

Can a Grandparent get a Court Order for Visitation?
The Court will only grant an Order for Visitation to the Grandparent if the parent they are related to has no Custody or Visitation to the child(ren).

Can the Grandparent get Custody of the minor child?
You have to prove that it would be detrimental to the child to reside with either parent first. But there is a statutory protocol before a "non-parent" can be granted Custody.  Essentially it must be determined that it would be detrimental to the child(ren) to be placed in the Custody of either parent.  The Grandparents are joined to the Family Law Action.  It is recommended for the Grandparents to file for guardianship of the grandchild(ren) in the Probate Division of the Superior Court.

Do Grandparents have rights to Visitation?
Yes, but only if the parent does not have Visitation rights or has extremely limited Visitation, e.g. "supervised visitation".

How would a Grandparent obtain their own Visitation Order?
They would have to file a "Joinder" to the Dissolution/Paternity Action and then a Motion for Visitation and go through the same procedure as the parents.

Since the Law Office of B J Fadem was founded in 1991 as a San Jose Family Law Firm, we have been helping families with many difficult legal issues. Attorney B J Fadem takes the welfare of children very seriously. It is not common knowledge that Grandparents have legal rights to help their grandchildren. At our Family Law Firm, we can help you, help your family.

When you consult with our Family Law Firm, you will be getting:

• Legal advice based on 28 years of experience
• Access to any necessary outside resources needed such as psychologists, analysts, investigators
• An Attorney who is a Certified Specialist in Family Law
• Initial Consultation. Please read the FAQs prior to your Initial Consultation.
• A welcoming, child friendly office filled with toys
• An Attorney who is well-respected by many Judges in many counties and within the legal community

Your issue may be time sensitive. Please contact our office to set-up your Initial Consultation. Lets' Talk. Please read the FAQs prior to your Initial Consultation.