Burlingame Attorneys for Third-Party Visitation Cases
Also Serving San Mateo & Surrounding Areas
Some of the most emotionally fraught family law disputes arise when individuals-stepparents, grandparents, or other adults who play a central role in a child’s life-believe it is in a child’s best interest to have visitation and the legal parent’s object. These cases can sometimes involve third parties making accusations regarding parental fitness and the parents having to fight against these accusations.
If you are on either side of such a dispute, it is essential that you speak with an experienced Burlingame family law attorney regarding your rights and potential legal options. At Chase, Berenstein and Murray, Counselors at Law, we counsel parents, grandparents and other parties throughout San Mateo, San Francisco, the Peninsula and South Bay. With more than 25 years of experience in the area of family law, we work to help our clients achieve favorable results. We’re here to make what can be a difficult, draining legal process more manageable.
Our family law attorneys can help you establish third-party visitation rights. Call 650-642-3897!
When Third Parties May Have a Claim for Visitation Rights
No matter which side of the dispute you are on, it is important to understand an important fact of parental rights in California: Parents have a constitutional right to raise their children, and the law presumes that fit parents can make decisions that are in a child’s best interests. While almost always emotionally charged, some third-party claims are unlikely to succeed in court. For example, grandparents who are angry because they have been cut off from their grandchildren do not automatically have a legal claim for visitation rights.
In order to make a compelling claim for visitation, third parties must establish the following:
- There is a preexisting relationship between the child and the grandparent that has engendered a bond such that visitation would be in a child’s best interest.
- In balancing the interests of the child in having visitation against the interests of the exercise of parental authority, visitation is appropriate.
- There is a legal presumption against grandparent visitation if both parents agree it should be denied.
This can be a tremendous hurdle to overcome for third parties. Regardless of your situation, our experienced Burlingame visitation attorneys can advise you regarding your claim and work to achieve an outcome that is fair for you, the parents, and the children involved.
If you are involved in a dispute regarding third-party visitation rights, we encourage you to speak with a member of our team about your case. Contact us at 650-642-3897.