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Grandparents’ Rights Attorney in Beverly Hills, CA
Grandparents are important figures in the family unit and have a large impact on a child’s development. Unfortunately, sometimes this bond requires legal enforcement or modification. If you are currently looking to petition for visitation, guardianship, or custody of your grandchild, a Beverly Hills grandparents’ rights lawyer can guide you through the necessary legal framework.
Our Background
At Benefield Faulk Law, we’ve spent decades helping grandparents in Beverly Hills and across Southern California with their family law matters. As a trusted Beverly Hills Family Lawyer, our founder attorney, Tamara Shari Benefield, has held various positions in the Los Angeles County legal community, formerly teaching civil litigation at West Los Angeles College of Law. Her accomplishments in litigating cases earned her the National Bar Association’s “Top 40 Attorneys Under 40” award in 2017.
Overview of Grandparents’ Rights in Beverly Hills, California
Grandparents play a vital role in their grandchild’s life. Around 6.7 million grandparents in the United States live with their grandchildren under the age of 18. Out of this group, 32.7% of grandparents were responsible for the caretaking of their grandchildren.
In California, parental rights take priority over the wishes of the grandparents. Despite the important place of grandparents, their visitation or custody rights often require legal action to ensure, especially if it goes against the parents’ wishes. However, the parental priority can be ignored if there is strong evidence that the parent is unfit. Some common examples include:
- History of addiction to drugs or alcohol
- Mental health concerns
- Evidence of abuse or neglect
- Incarceration
- Homelessness or other unstable living conditions
Types of Cases We Handle
Benefield Faulk Law represents a variety of grandparents’ rights-related cases. The following are the most common types of cases that we handle:
Visitation
In California, grandparents can file a petition for court-ordered visitation, even if it is against the parents’ wishes. Since parental rights take precedence, there are limited pathways towards a successful case. The petition relies on proving that visitation is in the best interest of the child. Strong cases for court-mandated visitation include:
- The grandchild’s parents are divorced or separated.
- One parent is deceased.
- The child does not live with their parents.
- Pre-existing bond with grandchild.
Your grandparents’ rights attorney can assist you in building your case by collecting evidence and representing you in hearings. Visitation cases fall under family law and are heard at the Beverly Hills Courthouse, located at 9355 Burton Way, Beverly Hills, CA 90210.
Guardianship & Custody
Grandparents are sometimes required to take an official role as caretaker when a parent is deemed unfit. These generally come in the form of guardianship or full custody.
A guardianship is meant as a temporary solution while the parent takes action to provide a fit home, or until someone can adopt the child. To file for guardianship, you must submit a Petition for Appointment of Temporary Guardian. If you have any immediate concerns for the safety of your grandchild, you can include a request for emergency orders to speed up the process.
Full custody, or adoption, can grant you permanent caretaker rights for your grandchild. This process begins with filing an Adoption Request. Sometimes this can require termination of parental rights against one or both parents.
Hire a Grandparents’ Rights Lawyer
Grandparents’ rights cases can be difficult to go through alone due to their often legally complicated and emotionally intense nature. Hire a grandparents’ rights lawyer who can help you with every step of the process, from initial petitions to the final court decision. Your Beverly Hills grandparents’ rights attorney can provide you with the needed support during this difficult period by gathering evidence and building your case.
FAQs
How Much Is an Attorney for Grandparents’ Rights in California?
The cost of your California grandparents’ rights attorney depends on what type of case you have, its complexity, and the work hours required. A simple confirmation of adoption after years of taking care of an orphaned grandchild tends to be cheaper than a hotly contested custody case. Your grandparents’ rights lawyer who’s familiar with your case can provide an estimation for what your final bill may be.
What Is the Difference Between Guardianship and Custody in California?
The difference between guardianship and custody changes your legal rights as a caretaker. Guardianship over your grandchild is generally granted when the parents are unfit. The parental rights remain, and once deemed fit to take care of their child, the parents’ priority returns. Custody grants a grandparent full priority and legal rights as their grandchild’s caretaker. It is usually obtained through either adoption or through a family law order.
How Long Does a Grandparents’ Rights Case Take in California?
The length of your grandparents’ rights case in California relies on what type of case you are pursuing. Visitation or custody cases can take months to fully resolve, whereas an emergency guardianship request may take effect in a matter of days. The status of the parents and their cooperation can also drastically speed up or slow down the process. Your grandparents’ rights attorney can provide a timeline for your case based on the factors present.
Can You File a Claim for Visitation as a Grandparent in California?
In California, you have the right to file a petition for court-mandated visitation with your grandchild. However, the success of your case relies on the parents’ circumstances and your relationship with your grandchild. Common strong cases are ones based on a parent’s inability to take care of their child due to addiction, incarceration, or other factors. Speak with a grandparents’ rights attorney to establish whether your case has a strong basis according to state law.
Speak With a Grandparents’ Rights Attorney Today
At Benefield Faulk Law, we know how important it is to ensure the safety and well-being of your grandchild. Our team can make a positive impact on your case, whether it relates to visitation, guardianship, custody, or a separate grandparents’ rights concern.
Contact us today for an initial consultation, where we can begin discussing the details of your case and begin providing potential solutions. You may also visit our Beverly Hills office, located on Wilshire Boulevard, a few blocks from historic Rodeo Drive.
