Grandparent’s Visitation Rights
Under certain circumstances, a grandparent has a legal right to have visitation with a grandchild. Though the law provides narrow grounds when this can be ordered, it does offer the possibility to some grandparents. We represent grandparents who want to have a relationship with grandchildren and make the most of California law.
Under state law, you can request from the court reasonable visitation with a grandchild. In order for that to be granted, the court must
- Find that there was a pre-existing relationship between you and your grandchild which has “engendered a bond” between the two of you, which means that there is such a bond between grandparent and grandchild that visitation is in your grandchild’s best interests, and
- Balance those best interests of the child in having visitation with you against the rights of parents to make decisions about their child
You cannot normally file a request for visitation rights while your grandchild’s parents are married, with some exceptions, as when
- The death of one or both parents;
- Incarceration or drug rehabilitation of one or both parents;
- One parent supports the grandparents having visitation; or
- Absenteeism of one parent or no longer in contact with the children.
If the court grants your request for visitation, but conditions have changed and none of these exceptions apply, one or both parents can ask the judge to end your visitation and the visitation rights must end at that time.
There are presumptions in the law in favor of parents’ right to decide what is best for their children, and there are things parent can do to prevent your visitation, but each case is judged on its merits. Don’t let these issues stand in the way of you reaching out to us to learn more about grandparents' visitation rights. We will get you in contact with a Grandparents Rights Attorney Orange County based practitioner talk about your situation and how the law might apply to you and your grandchild. Contact Kaufman Steinberg today.