Grandparents do not automatically have the right to visit their grandchildren. If you believe that your grandchild is not receiving adequate care, you can request visitation rights so that the law will enforce your ability to see the child.
The court balances the child’s best interests with the rights of the parents to make decisions about their child. Grandparents must meet specific legal standards before the court grants visitation.
When grandparents can request visitation
Grandparents in California may request visitation if a pre-existing relationship with the child exists. This relationship must show that continued contact will benefit the child. The court also considers whether granting visitation interferes with the parent’s authority.
Grandparents can only request visitation in limited situations. The parents must be divorced or separated, or one parent must be deceased. Grandparents may also seek visitation if the child does not live with both parents. However, if both parents agree to deny visitation, the court usually will not grant it.
The legal process for requesting visitation
Grandparents must file a petition with the court to request visitation. This legal process involves notifying the child’s parents and providing reasons for the visitation request. The court may hold hearings to review the case and hear from both sides.
In cases where the child’s parents are still married, grandparents face more challenges in obtaining visitation. California law limits grandparent visitation requests when parents remain together unless certain exceptions apply. These exceptions include cases where one parent’s location is unknown, the child does not live with either parent or a stepparent has adopted the child.
California law ultimately recognizes the important role grandparents can play in a child’s life. However, the court must balance the rights of parents with the child’s best interests. Grandparents seeking visitation can play a supportive role for the child by meeting certain specific legal criteria.
