California law recognizes the critical role grandparents often play in the lives of their grandchildren. However, a child’s parents typically have the right to decide if their child will see their grandparents. There are limited circumstances where grandparents can assert their rights to maintain a relationship with their grandchildren or, in some cases, seek custody. Parties on all sides of a grandparent custody or visitation dispute should seek counsel from a child custody attorney.
Grandparent Visitation Rights
Under California law, grandparents may petition the court for visitation rights in specific circumstances. However, these rights are not automatic and must be balanced against the rights of the parents.
A grandparent can ask a judge to order if:
- The child’s parents are not married
- The child’s parents are married but live apart (more than just temporarily)
If the child’s parents are married, generally a grandparent cannot petition the court for visitation rights. There are a few exceptions:
- The child does not live with either parent
- One of the parents joins the grandparent’s petition for visitation
- A parent is in prison, jail, or otherwise involuntarily institutionalized
- A parent’s whereabouts are unknown (and have been for at least a month)
- The grandchild has been adopted by a stepparent
If none of these exceptions apply, the parents will determine whether the grandparents are allowed to visit.
Balancing Visitation with Parental Rights
Even when a grandparent does have a right to petition the court for visitation, California courts must consider parental rights and what is best for the child. The judge can only order reasonable visitation if they find:
1. There’s an existing bond between grandparents and child
2. The child’s best interest to see the grandparent outweighs the parent’s rights to make decisions about their child.
In determining whether there is an existing bond and whether it is in the child’s best interest to see the grandparent, the court may consider factors such as:
- Consistent involvement in the child’s life
- Participation in decision-making related to the child
- Consistent contact and communication
- Providing financial support
- Providing assistance with caregiving
- Demonstrating a positive influence in the child’s life
These cases are very subjective and can be highly emotional for all involved. It is important for both parents and grandparents to seek support from a child custody attorney.
When Can Grandparents Seek Custody?
In rare cases, grandparents may seek custody of their grandchildren. This typically occurs when the child’s parents are deemed unfit or otherwise unable to provide a stable environment or when the child is in danger. Grandparents can seek custody of their grandchildren if they can prove to the court that staying with the parents would be detrimental to the child. They must also show that granting custody to the grandparents is in the child’s best interest. Common situations that may persuade the court to grant custody to a grandparent include:
- Parents are suffering from mental health problems
- Parental substance abuse problems
- Child neglect and or abuse
- Parents are incarcerated
Courts usually adhere to strict guidelines in making this determination, requiring grandparents to present clear and convincing evidence that awarding custody to the parents would be harmful to the child.
A Child Custody Attorney Can Assist in Navigating Grandparent Visitation and Custody Matters
Whether you are a grandparent or a parent involved in a visitation or custody dispute, seeking assistance from a child custody attorney is critical. Cases involving grandparent visitation and custody are sensitive, high stakes, and require significant evidence from both parties. At the Law Office of Darshann M. Wienick, we always keep the best interests of the child at the forefront. We understand the complexities of custody disputes and work diligently to ensure your interests and the interests of the child are represented. If you find yourself in need of a child custody lawyer contact us today to schedule a consultation.
