What Rights Do Grandparents Have in California?
Over one million children in the United States have a grandparent as their primary caregiver. In addition to that, over three million children in the US live in their grandparents’ homes. When you take these facts into consideration, you can understand that the value that a grandparent has in their grandchild’s life can be significant and undeniable.
Grandparents Rights in California
For one reason or another, the relationship between a grandparent and their grandchildren may be interrupted, disrupted, or severed if the family is facing difficult matters such as divorce, child custody, or other family law matters. In such circumstances, grandparents and parents alike need to understand the rights and responsibilities that grandparents have in California.
In many family law cases, it’s not uncommon for relatives such as grandparents, aunts, or uncles to get involved to alleviate some of the burden and help family members in need. If this help is welcomed by the parents of the grandchildren, then there should be no legal difficulties.
However, there are certain circumstances where there is some dispute or a challenge over a grandparent’s right to be involved in certain family law issues.
Who Gets to Decide Whether a Grandparent Can See Their Grandchildren?
In most cases, a child’s parents retain the legal right to decide whether grandparents receive visitation time with their grandchild. If both parents are alive and married, the law presumes that they know their children’s needs and desires and always have their best interests in mind.
Even divorced parents are granted some allowance to decide who and when their child has visitation with someone else.
However, there are some exceptions to this.
In some situations, a family law court may override a parent’s objections and allow the grandparent visitation time if the court believes that this is in the best interest of the grandchild.
Do Grandparents Have Visitation Rights in CA?
Not long ago, the idea of grandparent rights was relatively unknown or unheard of. Now, the law recognizes the importance that grandparents play in the lives of their grandchildren and attempts to uphold these strong bonds if they believe it is in the best interests of the children.
In California, grandparents do not have an automatic right to child custody or child visitation time. However, grandparents do have the right to pursue visitation time by taking legal action. When seeking grandparents rights in California, interested grandparents with a pre-existing relationship with the grandchild may petition the court for visitation time.
To do so, it is highly recommended that grandparents retain professional legal counsel from experienced family law lawyers.
When Can Grandparents Request Visitation?
The best interests of minor children will always be at the forefront of every family law judge’s decision-making. In many cases, that will mean adhering to the wishes of the parents, as it is believed that the parents have the best interests of their children at heart.
However, certain circumstances may counter the directives and wishes of the parents, especially in cases where grandparents have engendered a strong and healthy relationship with their grandkids.
Situations in which grandparents may consider seeking visitation rights include:
- One or both parents are deceased.
- The minor child’s parents are no longer married or together.
- The child’s parents are married but do not live together on a permanent basis.
- The child doesn’t live with either of their parents.
- One or both parents support the grandparent’s request to visit with the child.
- The child has been adopted by a stepparent.
- The child is mature enough to express their preference for visitation with the grandparents.
- One of the parents is incarcerated or voluntarily institutionalized.
- A parent’s whereabouts have been unknown for at least 30 days.
When Can’t Grandparents Request Visitation Rights?
In the state of California, the family law courts prioritize the rights of parents over nonparents. This means that the courts will generally deny grandparents’ rights when both the minor child’s parents agree that the grandparent should not have visitation rights.
In most cases, grandparents cannot file for visitation time if the grandchild’s parents are still married and living together.
Most jurisdictions hold that when a child is adopted and the biological parent’s rights are terminated, so too are the rights of the grandparents.
This legal stance is rooted in the principle that parents have the fundamental right to raise their children without undue interference from third parties, including grandparents. The courts respect the parental authority and generally defer to the decisions made by fit parents regarding who should have contact with their children.
Moreover, a grandparent’s petition for visitation may be denied if the court finds that granting visitation would not be in the best interest of the child. This can occur in situations where there are concerns about the child’s emotional well-being, safety, or stability. For example, if there is evidence that visitation with the grandparent could expose the child to harm or disrupt their routine, the court may refuse to grant visitation rights.
Additionally, the law recognizes a rebuttable presumption affecting grandparent visitation requests when the child’s parents jointly object to the visitation. This means that the court starts with the assumption that visitation is not in the child’s best interest unless the grandparent can provide compelling evidence to the contrary.
In cases where the parents are separated or divorced, grandparents may have more opportunities to seek visitation rights, especially if one parent supports the grandparent’s request. However, even in these circumstances, the court’s primary focus remains the child’s best interest.
How to Petition for Visitation Time?
In order to seek visitation rights with their grandchildren, a grandparent will need to file a legal petition requesting these rights. If the parents of the minor child are already going through divorce proceedings, a paternity case, or child custody cases, your petition for visitation can join this larger case.
If, however, there is no existing case, you will need to file your own petition with a family law court, which will open a new case.
Whatever the situation, it is highly recommended that you retain professional legal counsel from experienced family law attorneys. Please contact our law firm for more information.
The petition process involves several important steps. First, the grandparent must demonstrate that there is a pre-existing relationship with the grandchild such that visitation would benefit the child’s emotional and psychological well-being. Evidence of this relationship can include records of past visits, communication, shared activities, and testimonies from other family members or professionals.
Next, the petition must clearly state the reasons why visitation is in the best interest of the child, balancing the rights of the parents with the child’s need for maintaining meaningful relationships with extended family members.
Once the petition is filed, the court will notify the child’s parents, any stepparents, and other relevant parties involved in the child’s care. The parents have the right to respond and contest the petition.
The court may then schedule a hearing to evaluate the evidence presented by both sides. During this hearing, the judge will consider factors such as the child’s health, emotional well-being, the nature of the grandparent-grandchild relationship, and any objections raised by the parents.
In some cases, the court may order mediation or alternative dispute resolution to help the parties reach an agreement outside of court. This approach can be less adversarial and more conducive to preserving family relationships.
If the court grants visitation, it will issue a court-ordered visitation schedule that outlines the frequency, duration, and conditions of the visits. Both the grandparents and parents are legally required to comply with this order.
It is important to note that circumstances may change over time. If a parent or grandparent believes that the visitation arrangement no longer serves the child’s best interest, they can petition the court to modify or terminate the visitation order.
Navigating the legal process for grandparent visitation rights can be complex and emotionally challenging. Having an experienced family law attorney can help grandparents understand their rights, prepare a strong case, and advocate effectively in the family court system.
Do Grandparents Have Custody Rights?
In certain circumstances, it may be in the best interest of the child for them to be placed in the care of a grandparent. If other family members want to take the child in, a grandparent may be forced to approve the bond they share with the grandchild in order to establish that they would be the proper caregiver.
Situations in which a grandparent may take custody of their grandchildren include the following:
- Both parents are deceased.
- The whereabouts of one or both parents are unknown.
- Both parents are deemed unfit to care for their child.
- One parent is deemed unfit, and the other parent refuses to be the primary caregiver.
- Criminal or illegal activity happening in the child’s home.
- Drug or alcohol abuse in the child’s home.
- The minor child is being physically, sexually, or verbally abused.
- One or both parents are in jail or prison.
- Both parents agree that the grandparents should have custody.
- The physical, mental, or emotional health of both parents makes it impossible for them to care for their child.
In such cases, grandparents may petition the family court to seek custody rights, which can include both physical custody—where the child resides—and legal custody—the authority to make important decisions about the child’s upbringing, education, and health. The court will carefully evaluate the grandparent’s petition, focusing primarily on the child’s best interest and well-being.
To successfully obtain custody, grandparents must demonstrate that they can provide a safe, stable, and nurturing environment for the child. This includes proving that the child has an established relationship with the grandparent and that removing the child from their care would be detrimental to the child’s emotional and physical health.
The legal process for seeking custody can be complex and often requires the assistance of an experienced family law attorney who understands California law and can guide grandparents through filing petitions, presenting evidence, and advocating in court.
It is important to note that the court will also consider the rights of the natural or adoptive parents, and custody will only be granted to grandparents when it is clear that doing so serves the child’s best interest and that the parents are unable or unwilling to provide proper care.
Grandparents who are granted custody assume significant responsibilities, including providing for the child’s daily needs and making decisions regarding education, healthcare, and general welfare. Courts may also order child support payments to be made by the parents, even when custody is awarded to grandparents.
Overall, while grandparents do not have automatic custody rights in California, the law recognizes their vital role in a child’s life and provides a legal pathway for them to seek custody under circumstances where the child’s well-being requires it.
Schedule an In-Depth Case Evaluation with an Experienced Family Law Attorney Today
The Law Office of Patrick O’Kennedy has extensive experience representing family law matters in California. We would be proud to lend legal assistance to you as you pursue visitation or custody rights.
To learn more about our legal services, please schedule your initial consultation with our law firm today. You may reach us at 714-701-6356.
