When you are a parent going through a divorce, you will have to determine how you and your ex will share custody of your kids. Although you are ending your relationship with each other, you will remain connected as co-parents. Further, your children, and by extension, you, will continue to have ties with your ex’s family members. In-law and other family dynamics can be complicated both during and after divorce and are not always easy to navigate. This can be especially true when it comes to managing your children’s time with their grandparents post-divorce. If you are going through a divorce involving kids, you will want to know how grandparent/grandchild visits will work after the case is over. Here is more about understanding grandparent visitation rights under California law:
California Grandparent Visitation Rights
In California, the law supports parents’ autonomy to decide how to raise their children. Therefore, generally speaking, it’s up to a parent with whom their children may have contact. However, the law also recognizes that children may have other beneficial and meaningful relationships with adults who are not their parents, including grandparents.
California law provides that a grandparent may petition a court for reasonable visitation rights with their grandchildren.
To grant this request, the court must:
- Find that “there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child,” and
- “Balance the child’s best interest in having visitation with the grandparent against the right of the parents to exercise their parental authority.”
The law also provides that if there is a change of circumstances such that “none of these circumstances exist,” one or both parents can file a motion to terminate grandparent visitation and that “the court shall grant the termination.”
Additionally, under California law, there is a rebuttable presumption that a grandparent’s visitation is not in a child’s best if the natural or adoptive parents agree that the grandparent should not be granted visitation rights.
When a Grandparent Can File for Visitation
Generally, parents must be divorced for a grandparent to petition for visitation. However, there are some exceptions such as when:- Parents are living separately and apart on a permanent or indefinite basis,
- One parent has been absent for more than a month without the other parent knowing their whereabouts,
- One parent joins in the grandparent’s petition,
- The child does not live with either parent,
- A stepparent has adopted the child, or when
- One parent is incarcerated or has been involuntarily committed to an institution.
How Does a Grandparent Ask for Visitation?
A grandparent seeking visitation with their grandchild must file a petition with the court which has jurisdiction over the child. Typically, the court of continuing jurisdiction is the same one that issued the parent’s custody and visitation orders. If there are no existing orders, the grandparent will file with a court in the county where the child has resided for a certain number of months.
Once the petition is filed, the grandparent will need to serve both parents with a copy of their petition. The parents will be provided with a certain number of days to file responsive pleadings, and then the court will set the matter for a hearing.
During the hearing, parents and the petitioning grandparent can put on evidence as to why the grandparent should or should not be granted visitation rights. If the court determines that grandparent visitation is in the child’s best interest, it can issue an order granting the petition. It also has the discretion to “allocate the percentage of grandparental visitation between the parents for purposes of the calculation of child support” and “order a parent or grandparent to pay to the other, an amount for the support of the child or grandchild.”
Practical Considerations
While California law supports parental decision-making regarding visitation, it also recognizes that it may be in a child’s best interest to maintain a relationship with their grandparent. If the grandparent has been a significant part of a child’s life, and there is no evidence that seeing them will harm the child, the grandparent may have a compelling argument for visitation.
Considering Grandparent Visitation
There are few relationships as meaningful as the one that can exist between grandparents and grandchildren. Under the best of circumstances, grandparents can be a loving and supportive presence in parents’ and children’s lives. However, a parent may not always see eye-to-eye with their own parent or their mother or father-in-law. After a divorce, these relationships may become even more strained. If your or your ex’s parents are challenging to get along with, you may be inclined to limit their contact with your kids. While this reaction may be understandable, it’s important to be able to recognize when restricting these relationships could create a hardship for your children.
It may take time to determine how you feel about your kid’s grandparents and how they will fit into your post-divorce life. If you find that you have reservations about grandparent involvement, it may be best to step back and consider where your concerns are coming from before taking action. For example, if your ex’s parents make negative and inappropriate remarks about you in the presence of your kids, it may be reasonable to limit contact. However, if prohibiting or restricting visits is more about you wanting space from your ex and their family, you may need to examine how your choice could impact your children.
If you and your ex are having conflict over how to manage grandparent visitation issues, you should make an appointment to consult with an experienced California family law attorney. Your counsel can help you evaluate your circumstances and determine the best options for you and your children.
The attorneys at the Law Offices of Judy L. Burger are experienced California family law attorneys who can help with all aspects of your grandparent visitation issue. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.