Practice Area

Elder Guardianship Rights Attorney

Ventura County, California Guardianship Attorney for Elders

Death, divorce, incarceration, and estrangement can tear a family with children apart. And often, the grandparents are left out in the cold. Those same grandparents, who loved, cared for, and doted upon their grandchildren, may now struggle to maintain contact with grandchildren during periods of family strife. To get out of this fear of abandonment, grandparents can now claim visitation rights and guardianship of their grandchildren. A legal guardian is appointed through court and is responsible for the decision-making and care of a child or an incapable adult. To have these rights reserved, it is important to seek help from a Ventura County, California guardianship attorney for elders. 

Grandparent rights under family law as discussed by our California guardianship attorney

At Hartley Lamas Et Al, we often see grandparents making the same heartbreaking mistake in this tragic situation. They give up. They let it slide. They figure it might be best to stay out of the situation and not rock the boat. Well, this should not be the case. Our advice to grandparents? You do have rights. Do not give up. As grandparents, you have derivative child custody rights that can be enforced in a court of law if you have a preexisting relationship with a grandchild. And our Ventura County guardianship attorneys can help you enforce those rights. Although grandparent visitation rights did not exist more than 40 years ago, visitation laws today grant grandparents the legal right to visit their grandchildren. In some circumstances, courts may even award grandparents custody of their grandchildren. If you are in the same boat, hire one of the best California guardianship attorneys at Hartley Lamas Et Al – Attorneys at Law for quality legal representation.

Maintain grandparent and grandchildren relationship with a contact order

Acting early is the key in situations where a parent refuses to let a grandparent visit a child. Waiting for “things to get better” or for the parent to “come to their senses” is not advisable. In fact, doing so may have an adverse impact on your ability to get visitation rights because it may appear as though you have voluntarily relinquished your right to see the grandchildren. Our Ventura guardianship attorney understands how important it is to act upon your rights early. For that reason, we suggest you apply for access through a court-approved contact order. Once you have made an application for access, the court will consider the following aspects before granting you a contact order:

  • Your existing connection with the child
  • The wishes of the child’s parents or guardian
  • The wishes of the child if they are capable 
  • Whether the application or the applicant is in the best interest of the child

Get professional legal advice and take the steps necessary to maintain a relationship with your grandchildren, a relationship that should be fostered and grow for years to come.

How can a grandparent get guardianship of a child?

If you believe your grandchild will have a better life with you, you can and must exercise your legal rights. First things first, the best way to apply for guardianship of your grandchild you must talk to a guardianship attorney in Ventura County. Then to make your case stronger you need to prove one of the following:

  • Child neglect
  • Physical or emotional abuse
  • Parents are getting divorced
  • Parents are facing financial issues
  • Parents are suffering from a mental illness
  • The parents passed away and did not appoint a guardian in their will
  • Parents are incarcerated or otherwise cannot maintain contact with the child

Schedule consultation with a guardianship attorney in Ventura

Rock the boat. Do not worry about what the parents think; instead, focus on seeing your grandchildren again. For that, you might need the best legal team by your side to help you ease out of a number of sticky situations. Think you are the best fit for your grandchild? Book an initial consultation with us and get the best guardianship attorney in California. Reach us now by calling our Ventura office at  (805) 639-0600 or  email the firm.

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