Grandparent’s Rights

In California, grandparents may have legal rights to visitation or custody of their grandchildren—especially in situations where the family is fractured due to divorce, separation, or estrangement.

Grandparents can petition the court for visitation rights if:

• The child’s parents are divorced or legally separated
• One parent is deceased, incarcerated, or absent
• The grandparent had a pre-existing relationship with the child that created a bond
• Denying contact would be detrimental to the child’s well-being

The courts weigh these cases carefully, balancing the parents’ constitutional rights with what is in the best interest of the child.

At Fernandez Family Law, we help grandparents across San Luis Obispo, Santa Maria, Paso Robles, and the Central Coast fight to maintain meaningful relationships with the grandchildren they love.

How the Grandparent’s Rights Process Works

Here’s how we navigate the legal process to establish or restore your rights as a grandparent:

✅ Step 1: Initial Case Evaluation

We meet with you to understand your unique relationship with your grandchild and the current family dynamics.

✅ Step 2: Determine Legal Standing

We assess whether California law allows you to file based on the status of the parents and your history with the child.

✅ Step 3: File a Petition for Visitation or Custody

We prepare and file the appropriate petition and declarations in family court, laying out evidence of your bond and the need for continued contact.

✅ Step 4: Serve the Parents and Other Parties

All relevant parties must be legally notified of the court hearing and your request.

✅ Step 5: Attend the Court Hearing

We represent you in court, presenting evidence that continued contact with you is in the best interest of the child.

✅ Step 6: Court Orders Visitation or Custody

If granted, the court will issue a formal order outlining your visitation rights or, in rare cases, physical custody of the child.

What to Expect Emotionally & Legally During a Grandparent’s Rights Case

Being separated from a grandchild can be heartbreaking and overwhelming. Grandparents often feel helpless, ignored, or sidelined by difficult family situations.

You may be wondering:

• Do I have any rights as a grandparent?
• What if the parents won’t speak to me or have cut me off?
• How can I show the court I’m important to my grandchild’s life?
• Is it worth the emotional toll?

Here’s what to expect from us:

• Respectful, honest answers about your legal options
• A strategic plan based on real California case law
• A compassionate team who understands family dynamics
• A strong voice in court to advocate for your relationship

What Makes Fernandez Family Law Different

We believe that strong family connections are worth fighting for—and we have the tools, experience, and heart to help you protect them.

Here’s why grandparents trust Fernandez Family Law:

• ✅ In-Depth Knowledge of Grandparent’s Rights Law – We know what California courts look for in these sensitive cases.
• ✅ Compassionate Representation – We understand the emotional pain grandparents face when cut off from their grandkids.
• ✅ Local Court Familiarity – We regularly appear in family courts throughout San Luis Obispo and Santa Barbara Counties.
• ✅ Holistic Family Approach – We work to preserve relationships, reduce conflict, and promote the best interests of the child.

Speak to a San Luis Obispo Family Law Attorney Today

If you’re being denied access to your grandchild or worried about their well-being, you don’t have to stay silent.

At Fernandez Family Law, we represent grandparents across San Luis Obispo, Santa Maria, and the Central Coast who are ready to take a stand for the children they love.

📞 Call today to schedule a compassionate and confidential consultation.
Your love matters. Let us help you protect it—with strength, strategy, and care.