Grandparents do not automatically have visitation or custody rights in California. Generally, a child’s parents retain the right to decide if grandparents receive visitation time with their grandchild. However, there are certain circumstances in which grandparents can ask a judge to order visitation, such as when a parent is in jail, prison, or involuntarily institutionalized, or when a parent’s whereabouts are unknown. In California, under Family Code section 3100, the family court may grant reasonable visitation rights to the grandparent of a minor child if either parent of a minor child is deceased. Even if neither parent of the minor child is deceased, the court may still grant visitation rights.
If grandparents file papers asking for visitation, the judge can only order reasonable visitation if they find that theres an existing bond between grandparents and child and the childs best interest to see the grandparent outweighs the parents rights to make decisions about their child. It is crucial to note that under Family Code 3103, there is a rebuttable presumption that the visitation of a grandparent is not in the best interest of a minor child if the natural or adoptive parents of the child agree that the grandparent should not be granted visitation rights.
When petitioning for visitation or custody rights, grandparents bear the burden of proof in court and must prove to the judge that the requested visitation is in the child’s best interests. Factors that can influence the court’s decision about a grandparent’s visitation or custody rights include any history of substance abuse, domestic violence, or child abuse or neglect, the child’s overall health and wellbeing, and the type and frequency of grandparent-grandchild communications.
It is best for grandparents to obtain legal advice from an attorney before filing a case. An attorney can provide invaluable support to grandparents seeking to assert their rights over their grandchildren, educate grandparents about the laws and regulations that pertain to grandparents’ rights, and guide them through the legal process.
