Child Custody and Grandparent Visitation Rights

At the law office of David P Schwarz we are experienced child custody lawyers who have filed many motions for grandparents rights for visitation in the Orange County family law Court. Please contact our law office for a consultation at 949 735 9266 or via the web. We can also be contacted via email at

A grandparent of a child can get visitation with a grandchild if they file a motion with the family law Court. There are several criteria the Court must use to evaluate if a grandparent is able to get court ordered visitation. This is an alternative approach to that of filing a Petition for Guardianship in a Probate Court.

First a child custody lawyer must assert that there is a preexisting relationship between the grandparent and the grandchild. That means that the grandparents have had significant bonding time with their grandchild. The exact amount of time is unclear but the grandchildren must be effected in someway that it is in their best interest to maintain some form of contact with their grandparents.

Secondly, the family law court must analyze if the visitation by the grandparents will hinder the parents legal rights to raise their child. This can be a trickly test which the Court must use common sense and look in depth at the parties backgrounds with the child. The Court does not want to interfere with the parents ability to parent their children.

Thirdly, the parents need to be divorced in order for the grandparents to assert their visitation request. However, there are several exceptions to that rule where they can go to Court. These exceptions are, the parents are separated, one parent has disappeared, a parent joins the motion by the grandparent, the child does not live with either parent, child is adopted by a nonparent, and a parent is in jail.

A child custody lawyer can go back to court and terminate the grandparents rights at any if there is a change of circumstance.

At the Law Office of David Schwarz we will argue to the Orange County Family Law Court against the rebuttable presumption raised by the biological parents that the visitation of a grandparent is not in the best interest of the

In addition, a Child Custody attorney will argue against another rebuttable presumption asserted by a parent with sole legal and physical custody that visitation is not in the best interest of the child.

If grandparent visitation is ordered by the Court the percentage of visitation between the parents and the grandparents can be used to determine child support payments. In addition, between grandparents, the Court can order grandparents to pay child support to one another.

At the Law office of David P Schwarz we have filed numerous motions with the Orange County family Law Courts for grandparents to get visitation with their grandchildren. To find out more about this process please contact our office at 949 735 9266 or via the web. We can also be reached via email at

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