Grandparents' Rights in California
Posted on Aug 24, 2020 8:00am PDT
Grandparents are heavily involved in the lives of their grandchildren in
many Californian families. But when the child’s parents separate
or divorce, grandparents may wonder if they can still visit their grandkids.
According to California family law, parents may grant grandparents visitation
with their children – without a court order. On the other hand,
if a parent prohibits their child’s grandparents to see them, then
the grandparents may file a petition for visitation rights with the court.
If the grandchild’s parents are going through a
divorce or
paternity case, then the grandparents may join that case and request visitation
rights. The courts won’t accept a petition for grandparent visitation
when the child’s parents are still married unless the parents are
separated, one parent joins the grandparents’ petition for visitation,
one parent has been missing for about a month, the child does not live
with either parent, a stepparent adopted the child or one parent is imprisoned
or involuntarily institutionalized.
When grandparents file for visitation rights, they must serve a copy of
the petition to each of the child’s parents and/or anyone who has
physical custody of the child. All grandparents’ visitation cases
will automatically undergo mediation.
If the matter is not resolved in mediation, then the case will proceed
to a court hearing. Although the court already has a presumption that
grandparent visitation should be denied if both parents oppose, grandparents
must establish a pre-existing relationship with their grandchildren and
prove that visitation is in the child’s best interests.
Common factors to determine a child’s best interests include:
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The child’s health and well-being
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The nature and frequency of contact between the grandparents and the child
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Any history of domestic violence or alcohol/drug use in the child’s home
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Both parents are deemed unfit
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One parent is deemed unfit, and the other parent cannot or will not care
for the child
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The child’s opinion, if the child is at least 14 years old
Additionally, grandparents may seek custody of their grandchildren if their
parents are unable to care for them. The court will attempt to grant custody
to a person in the child’s residence, if it is a stable and wholesome
environment. On the other hand, if the child isn’t living with either
parent or in another stable home, then the court may grant legal custody
to any relative that demonstrates they can provide care and guidance for
the child, such as a grandparent.
If you are interested in obtaining grandparent visitation rights in Fresno,
contact Arnold Law Group, APC today at (559) 900-1263 for a confidential consultation. Our firm has
more than three decades of experience helping thousands of satisfied clients.