Grandparents Have Rights

 Family law matters can change family dynamics and impact the relationship between grandparents and their grandchildren. Under California Family Code Sections 3100-3105, grandparents can ask the Court for reasonable visitation to maintain the relationship with their grandchild. For visitation to be ordered, the Court first must find there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.”  This means there is such a bond between grandparent and grandchild that visitation is in the best interest of the grandchild, and the Court has balanced the best interest of the children in having visitation with a grandparent against the right of the parents to make decisions about their children.
In general, grandparents cannot request visitation with a grandchild while the parents are married. However, there are exceptions, such as:
1. The parents are living separately;
2. A parent’s whereabouts are unknown;
3. One of the parents joins the grandparent’s petition for visitation;
4. The child does not live with either of his or her parents; or
5. The child has been adopted by a stepparent.
There are multiple ways grandparents can pursue their rights.
If a family law case is already filed between the child’s parents (including divorce, a parentage case, a child support case, or a domestic violence restraining order) grandparents can file for visitation under one of those existing cases. Or, if there is no open case, you may have to file a petition and start your case from scratch.
In the event a grandparent has been granted visitation rights via Court Order, it is important to note the Court can terminate an order if a change in circumstances voids the exceptions previously mentioned, or one or both parents request the Court end grandparent visitation, or the Court finds ending visitation is in the grandchild’s best interest.
Due to the complexities and nuances of the emerging field of Grandparents Rights, consulting or hiring an attorney familiar with this aspect of family law can help you determine your rights, provide legal assistance and if necessary, representation in court.
The Reape-Rickett Law Firm can help you understand your rights as a grandparent and how to move forward to protect the relationship with your grandchildren.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.