Advocating For Grandparents' Rights
California law provides almost no rights for grandparents in cases in which a fit parent wishes to exclude a grandparent from the life of a child. Where a child has resided with a grandparent or where both biological parents are unfit, however, a grandparent may have grounds to seek custody, visitation, or guardianship of a child. If you are a grandparent, you may be able to seek custody of a grandchild for a variety of reasons, for example:
- Your grandchild was living with you and doing well, but the biological parent is now asking for the return of the child or has already taken the child
- Both biological parents may be unfit due to alcohol or chemical dependency, mental instability or other challenges.
- Your grandchild must be removed from biological parents who are abusive.
- The Department of Child and Family Services (sometimes called CPS or Child Protective Services) asks you to take guardianship to prevent having the child go in to foster care.
If you are a grandparent who needs to initiate a custody action, or if you need to speak with a lawyer to learn more about your rights, contact The Law Office of Stephanie White. Our experienced grandparents’ rights attorneys are sensitive to the unique challenges presented by third-party custody cases.
Handling Challenging Issues In Third-Party Custody Cases
It is not uncommon for parents to struggle for a period of time and place a child in the care of a grandparent. Single parents, in particular, often reach out for the assistance of grandparents when they do not have a spouse or former spouse to rely upon in tough times.
Frequently in such situations, a parent may need to place a child with a grandparent because they are unable to deal with the responsibilities of being a parent. Due to unemployment, chemical dependency, depression or other challenges, the parent may need time before they are able to properly care for a child.
Complications may arise when the parent has left a child in the care of a grandparent for a protracted period of time and then determines that they wish to remove the child from a grandparent. The grandparent may have doubts about the parent’s ability to provide proper care for the child. In other situations, the child may have adapted to a new home, neighborhood and school. A sudden disruption could be harmful to the child’s well-being.
Putting Children First
If you are considering a third-party custody case, The Law Office of Stephanie White will provide you with candid advice. We can assess the strength of your case, and advise the best way to move forward.