Under California law, grandparents are granted the right to request and receive visitation with a grandchild under certain circumstances. Generally speaking, if the child’s parents are still married, grandparents are not entitled to request visitation from the court, but there are exceptions to this.
California Family Code sections 3100-3105 detail a grandparent’s rights to petition for visitation, although it is not commonly granted and can be difficult to obtain.
A skilled California grandparents’ rights attorney can help you understand your rights and the legal process involved, as well as assess the specific factors impacting your case.
In California, there are certain circumstances that will qualify a grandparent to petition the court for visitation of a grandchild. Before reasonable visitation with a grandparent can be considered, the court must:
If a family law case has already been filed involving the grandchild’s parents, such as a divorce or paternity case, the grandparents may join that legal action. If no case currently exists, grandparents will need to file a petition with the court to request visitation. Grandparents may petition for visitation if one or more of these circumstances exist:
Unfortunately, there is no standard court form or petition for this grandparent filing, which can make the process difficult without the assistance of an experienced family law attorney.
In the event both of the child’s parents sign an affidavit that says allowing their child to spend time with the grandparent is not in the best interests of the child, the petition will typically be denied. Even if your situation falls under the aforementioned circumstances, there is a presumption that parents will act in the best interests of their child. This means you have to prove that the parents not allowing you to see your grandchild will create a substantial risk of harm to the child’s health.
Children benefit from having a robust support system around them, which often includes grandparents. This is one reason why California law acknowledges that when a grandparent and grandchild have a healthy bond, it may be in the child’s best interest to maintain that relationship, despite other changes in the child’s life. If you are unable to spend time with your grandchild, you may be able to file a petition for grandparents’ rights.
At Miranda, Magden & Miranda, LLP, we have helped many families resolve difficult family law issues and begin moving toward a more positive future. If you need assistance pursuing your grandparent visitation rights, contact our offices to schedule a consultation.
This law firm made sure they got every single detail to my case. You could tell they truly care about their clients and doing everything they can to win your case. Truly professional and caring people!
Patricia has been so helpful and provided excellent service. My husband and I are so grateful for all the help she has provided to help me immigrate to the United States. We really could not have gotten through it without her help. A big thank you to Patricia\'s assistant, Ingrid as well for always being prompt with responses and helping us get all the paperwork ready at each stage. I highly recommend Patricia for anyone who needs immigration help.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
How did we do?
Note: Your review may be shared publicly.