What Are the Legal Rights of Grandparents in CA?

What Are the Legal Rights of Grandparents in CA?

As families evolve and undergo significant changes such as divorce or separation, the role of grandparents often comes into question. The bond between grandparents and their grandchildren is invaluable, and many grandparents find themselves seeking ways to maintain this relationship amidst family turmoil.

In California, grandparents do have specific legal rights regarding visitation and custody of their grandchildren. California Certified Family Law Specialist Judy Burger examines these rights, the applicable legal framework, and the process of establishing and protecting them.  

California Family Law

California law recognizes the importance of maintaining relationships with family members, including grandparents. The relevant statutes can be found under the California Family Code, specifically Sections 3100–3105. These laws outline the procedures for grandparents to seek visitation rights with their grandchildren and the conditions under which such visitation may be granted.

  1. Visitation Rights Post-Divorce: In cases of divorce, grandparents may petition the court for visitation rights. The law prioritizes the best interests of the child, and the court will consider several factors, including the existing relationship between the grandparent and the grandchild, the child’s needs, and the impact of any visitation on the child’s welfare.
  2. When Grandparents Can Petition: According to California Family Code Section 3102, grandparents can seek visitation under specific conditions:
  3. When the parents are divorced.
  4. When one parent has passed away.
  5. When the parents are unmarried and have never been married.

However, if the parents are still together and are not prevented from being visited, then grandparents cannot petition for visitation rights.

  • Types of Visitation: Similar to non-custodial parents, grandparents may seek either scheduled visitation or reasonable visitation, which provides flexibility depending on circumstances. Courts encourage arrangements that are in the child’s best interests while allowing grandparents to maintain meaningful connections with their grandchildren.

Establishing Grandparents’ Rights

To establish visitation rights, grandparents must follow a legal process involving several steps:

File a Petition: Grandparents seeking visitation rights must submit a request to the court. This petition outlines their relationship with the grandchild and the reasons for seeking visitation.

  1. Service of Process: The grandparents must serve the petition on the child’s parents, providing them with notice of the request and an opportunity to respond. This step is crucial for ensuring that the parents are informed about the case.
  2. Court Hearing: After the petition has been filed and served, a court hearing will be scheduled. At the hearing, the judge will assess the information presented, which may include evidence and testimony regarding the relationship between the grandparents and the child, as well as how visitation may benefit the child.
  3. Ruling: The judge will make a determination based on the evidence presented. If the court grants visitation rights, it may outline a specific schedule to facilitate the visits.

The Role of a Certified Family Law Specialist

Navigating the complexities of family law can be daunting, especially for grandparents seeking to maintain their rights. This is where an experienced family law specialist, like Judy Burger, becomes essential. Here’s how a specialist can assist:

  • Expert Guidance: A Certified Family Law Specialist has in-depth knowledge of the intricacies of family law and can provide guidance tailored to the grandparents’ specific situation. This includes understanding both legal rights and the emotional aspects involved.
  • Negotiation Skills: The ability to negotiate effectively with parents or other family members is crucial. An experienced attorney like Judy Burger can advocate for the rights of grandparents while fostering an amicable approach that prioritizes the child’s best interests.
  • Legal Representation: Should the matter escalate to court, having a knowledgeable legal representative ensures that the grandparents’ case is presented forcefully and persuasively. This includes collecting necessary evidence and preparing witnesses if needed.
  • Conflict Resolution: In contentious family situations, tensions can run high. A family law expert can play a vital role in mediating disputes and finding common ground that allows for constructive arrangements while preserving family unity.

FAQs on Grandparents’ Rights in California

To further clarify grandparents’ rights, here are some frequently asked questions:

What rights do grandparents have regarding visitation?

Grandparents can petition for visitation rights if the parents are divorced, one parent has died, or the parents are unmarried. The court will evaluate visitation requests based on the child’s best interests.

Can grandparents seek custody of their grandchildren?

Yes, grandparents can petition for custody, primarily when the parents are unwilling or unable to care for the child. The court will consider factors like the child’s safety and welfare.

What is required to file for grandparent visitation or custody?

Grandparents must file a petition with the court outlining their relationship with the child and the conditions that warrant visitation or custody. Proper legal representation can streamline this process.

How does the court determine the best interest of the child?

Courts consider various factors, including the child’s emotional needs, the existing relationship between the child and the grandparents, and how any changes to visitation may impact the child’s well-being.

What should I do if parents deny my visitation rights?

If visitation is being denied, document each instance and consider consulting with a family law specialist. Legal action may be necessary to enforce your visitation rights.

Help for Grandparents Seeking Their Rights to Grandchildren in CA

Grandparents play a pivotal role in children’s lives, and California law provides avenues for them to maintain meaningful relationships with their grandchildren, even amidst familial changes. Understanding the legal rights surrounding visitation and custody can empower grandparents to act in their grandchildren’s best interests.

Seeking guidance from a Certified Family Law Specialist, such as Judy Burger, ensures that grandparents receive informed representation and support throughout the process, advocating effectively for the rights of both the grandparents and the children they cherish.

Contact our offices today to schedule a confidential consultation near you!

When Can My Child Choose Who to Live With After a Divorce?

When Can My Child Choose Who to Live With After a Divorce?

Divorce is a challenging life event, and when children are involved, it can become even more complicated. One of the most common questions parents ask is, “When can my child choose which parent to live with after a divorce?” Understanding California law regarding this matter, as well as the emotional nuances involved, can help parents navigate this difficult terrain more effectively.

California Law on Children’s Choice of Custody

In California, the law does not specify a particular age at which a child can choose which parent to live with after a divorce. However, California Family Code, Family Division 8, Part 2, Chapter 2, Section 3042 provides some clarity on the matter. This section states that if a child is of sufficient age and capacity to reason, the court may consider the child’s preferences regarding custody and visitation. Typically, this means that children as young as 14 can express their desires, but courts will often consider the opinions of younger children as well, depending on their maturity and understanding.

The family court has the discretion to decide whether the child’s preference will significantly impact the custody determination. While a child’s wishes can be a critical factor in the court’s decision, the ultimate goal remains the best interest of the child—a principle that guides all custody arrangements in California.

Challenges Parents Face When Children Can Choose

When children are allowed to express their preferences regarding custody, several challenges may arise for parents:

  • Emotional Strain: Children may feel torn between both parents, fearing they will hurt one parent’s feelings by choosing the other. This emotional burden can lead to anxiety and behavioral issues in children.
  • Manipulation and External Influences: Younger children or those who may not fully understand the implications of their choices can be susceptible to undue influence from one parent or external parties (like friends or relatives). This can lead to perceptions of favoritism or bias, causing discord between parents.
  • Confusion and Mixed Signals: Allowing children to choose can create confusion, as they may believe their choice holds more weight than it actually does, leading to misunderstandings about their role in the custody decision-making process.
  • Instability: Children may change their minds, resulting in a lack of stability in their living arrangements. Fluctuating preferences can cause undue stress for both the child and the parents.
  • Legal Consequences: Parents may feel compelled to comply with their child’s wishes to avoid conflict, which can lead to potential issues with enforcing court orders. Altering custody arrangements based on a child’s preference without legal amendments can create legal complications.

Tips for Parents to Ease the Transition

Navigating custody decisions when children can express preferences requires sensitivity and understanding. Here are some tips for parents:

  1. Maintain Open Communication: Foster an environment where your child feels safe expressing their feelings without fear of judgment. Encourage open conversations about their thoughts and desires regarding where they want to live.
  2. Avoid Manipulation: While it might be tempting to sway your child’s opinion, it is crucial to respect their feelings and encourage them to voice their thoughts honestly, without pressure from either parent.
  3. Educate Your Child: Help your child understand that their choice is important, but must also consider how that choice might impact their overall well-being. Discuss the logistics, routines, and emotional ramifications of living with one parent versus the other.
  4. Seek Professional Help: Engaging a child psychologist or counselor can help your child process their feelings about the divorce. These professionals can also provide you with strategies to ease the transition and support your child’s emotional health.
  5. Work with a Family Law Specialist: Consulting with CA Certified Family Law Specialist, Judy L. Burger, can ensure you understand your rights and obligations regarding custody. Legal guidance can also facilitate productive discussions between you and your ex-spouse.

FAQs About Child Custody in California

What factors will the court consider in making custody decisions?

The court will consider several factors, including the child’s age, the emotional bond between the child and each parent, each parent’s ability to provide a stable environment, and any history of domestic violence or substance abuse.

At what age can a child express a preference for custody?

While there is no specific age limit, children aged 14 years and older are generally considered capable of expressing their preferences. Courts may also consider younger children on a case-by-case basis.

Can a parent refuse to let a child see the other parent?

No. Unless there is a court order restricting visitation due to safety concerns, parents must comply with the terms of the custody agreement. If a parent feels that visitation should be limited, they should consult with a lawyer.

How can I modify an existing custody agreement?

To modify a custody agreement, you must file a petition with the family court. Changes must reflect a significant change in circumstances that affects the child’s best interests.

What if my ex-spouse is not following the custody agreement?

If your ex-spouse is not complying with the custody agreement, document specific incidents and reach out to a family law attorney for guidance on how to enforce your rights.

Get Help with Complex Child Custody Matters in California

Navigating child custody after a divorce is complex, and when children can express preferences, it becomes even more critical to ensure that their well-being remains the top priority. Understanding California laws and seeking professional guidance can help parents create a supportive environment for their children during this challenging time.

Family Law Attorney Judy L. Burger can help. She has extensive experience working with families throughout the Golden State to resolve child custody matters in the best interests of children and families. Contact one of our eight offices across California today to schedule a consultation.

When Should I Seek Sole Custody of My Child?

When Should I Seek Sole Custody of My Child?

Child custody can be one of the most challenging aspects for parents going through a divorce or separation. While many families successfully establish joint custody arrangements that work well, there are circumstances where seeking sole custody may be in the child’s best interest. Understanding the implications of sole custody and knowing when to pursue this option is crucial for any parent facing custody issues.

The Law Offices of Judy L. Burger can assist you through the process of petitioning the court for sole custody and advise you when this is a wise course of action.

What Is Sole Custody?

Sole custody refers to a legal arrangement where one parent holds full authority over decision-making regarding the child’s upbringing and is primarily responsible for the child’s physical care. There are two types of sole custody:

  1. Sole legal custody: one parent has the exclusive right to make major decisions about the child, including education, healthcare, and religious upbringing.
  2. Sole physical custody: the child lives primarily with one parent, and the other parent may have visitation rights.

When to Seek Sole Custody

While every custody situation is unique, there are several circumstances where pursuing sole custody may be necessary to ensure the child’s well-being and stability:

  • Abuse or Neglect: If there is evidence that the other parent has abused or neglected the child, seeking sole custody may be essential. The safety and emotional well-being of the child should always be the top priority. Documentation of any incidents or patterns of behavior can strengthen your case.
  • Substance Abuse: A parent’s struggle with substance abuse can significantly impact their ability to care for a child. If the other parent is involved in drug or alcohol abuse that endangers the child, it may be appropriate to seek sole custody to protect the child from potentially harmful situations.
  • Mental Health Issues: If the other parent suffers from mental health issues that impair their judgment or ability to care for the child, you may need to pursue sole custody. It’s essential to show that these issues could affect the child’s safety or well-being.
  • Parental Alienation: If one parent is deliberately trying to undermine the child’s relationship with the other parent, it may create a toxic environment for the child. Sole custody might be necessary to protect the child’s emotional development and foster a healthier relationship.
  • Unstable Living Conditions: If the other parent’s living situation is unstable—such as frequent moves, unsafe conditions, or involvement with questionable individuals—this can be a valid reason to seek sole custody. Stability in a child’s living environment is crucial for their development and well-being.

How Judy L. Burger Can Help

Judy L. Burger, a Certified Family Law Specialist in California, understands the intricacies of custody disputes and can guide you through the process of seeking sole custody. Here’s how Judy can assist you:

  1. Legal Expertise: Judy possesses extensive knowledge of California family law, enabling her to provide tailored legal advice based on your unique circumstances. She can help you determine whether pursuing sole custody is the best option in your case.
  2. Preparing Your Case: Judy will work with you to gather evidence and documentation that supports your petition for sole custody. This may include gathering witness statements, medical records, and any police reports related to abuse or neglect.
  3. Navigating Court Procedures: The legal process for petitioning the court can be complicated. Judy will guide you step-by-step, ensuring that all required documentation is submitted correctly and on time, and representing you during court hearings.
  4. Mediation Services: In some cases, mediation may be a viable option to resolve custody disputes amicably. Judy has strong mediation skills and can facilitate discussions with your co-parent to reach a fair agreement outside of court.
  5. Advocating for Your Child’s Best Interests: Judy’s primary focus is on the welfare of your child. She will advocate in court to demonstrate how sole custody will provide the best environment for your child’s physical and emotional needs.

FAQs About Sole Custody

Can I get sole custody if my ex is agreeable to joint custody?

While agreeing to joint custody is a factor, the court will ultimately decide based on the child’s best interests. If you have concerns about your ex’s parenting abilities or behaviors, it is essential to present evidence to support your request for sole custody.

How does the court determine who gets custody?

The court considers various factors, including the child’s age, health, emotional ties between the child and both parents, each parent’s ability to care for the child, and stability in the child’s life.

Do I need an attorney to seek sole custody?

While it’s technically possible to represent yourself, having an experienced family law attorney like Judy L. Burger is highly recommended. They can navigate the legal complexities and maximize your chances for a favorable outcome.

What if I’m denied sole custody? Can I appeal?

Yes, if the court denies your request for sole custody, you may have the option to appeal the decision. Consult with your attorney for specific advice and guidance on how to proceed.

How can I prepare for a custody hearing?

Preparation is key. Gather documentation to support your case, including evidence of your parenting situation, any issues with the other parent, and witness statements. Judy can help you prepare and understand what to expect during the proceedings.

Preparing for Sole Custody in California

Seeking sole custody can be a daunting and emotional process. However, in situations where a child’s safety or well-being is at risk, it can be the necessary step to ensure a stable environment. If you believe that pursuing sole custody is in your child’s best interest, reach out to Judy L. Burger. With her skill and experience in family law, she will work with you to navigate the complexities of custody arrangements and advocate for the best possible outcome for you and your child. Remember, you are not alone—support is available to help you through this challenging journey.

Handling Summer Vacation Custody Disputes

Handling Summer Vacation Custody Disputes

Summertime can bring a unique set of challenges for divorced or separated parents, particularly when it comes to child custody arrangements. If you are navigating this landscape of summer vacation custody disputes, you are not alone. CA Certified Family Law Specialist Judy L. Burger takes a closer look at the common problems that arise, how to manage them effectively, and how we can assist you in finding a resolution.

Child Custody and Summer Vacations

Child custody arrangements following a divorce are inherently complex. Parents are often trying to balance their new lives while ensuring that their children’s needs remain a priority. While many custody arrangements work well during the school year, the onset of summer can raise various issues.

Many divorced couples face the challenge of reconciling their different ideas about vacation plans, travel schedules, and how time with the children will be divided. This can lead to disputes over when and where a child will spend their summer vacation, especially if one parent wishes to take a trip while the other has concerns or different plans.

Common Problems During Summer Vacation

Here are some of the most common problems that can arise:

  • Travel Schedules: If one parent has plans for extensive travel or vacation time that falls during the other parent’s scheduled visitation, tensions can escalate.
  • Lack of Flexibility: Summer can often mean more spontaneous plans, which may clash with the structured custodial times established during the school year.
  • Different Parenting Styles: Sometimes, parents may not agree on how to spend vacation time. For example, suppose one parent intends to take the children on a rigorous outdoor adventure while the other supports a more relaxed beach vacation. In that case, conflicts may arise from these differing perspectives.
  • Communication Breakdowns: Summer vacations often see families trying to juggle multiple schedules—from camps to trips to family gatherings—which can lead to misunderstandings about custody times.
  • Emotional Factors: Emotions can run high during summer vacation. Children may feel torn between their parents when deciding who they want to spend time with during their break—particularly if memories of family vacations from before the divorce are still fresh. This emotional complexity can lead to conflict when parents are unable to see the bigger picture for their children’s well-being.

Tips for Handling Summer Vacation Custody Disputes

Judy L. Burger is an experienced Child Custody Lawyer who has helped numerous families work out fair and equitable solutions in custody disputes, even over family vacations. Here are some of her best tips:

  1. Begin Early Communication: Start discussing summer plans well in advance. The sooner you can share your plans with your co-parent, the better. Setting a date for a “summer planning meeting” can keep everyone on the same page.
  2. Create a Clear Custody Schedule: If you haven’t already, draft a detailed summer custody schedule. Include the dates of vacations, any commitments the children have (like camps), and dedicated time for each parent.
  3. Stay Open and Flexible: Approach conversations with an open mind. Be willing to compromise and understand that your co-parent may have valid perspectives. Flexibility can help you find a middle ground that works for both sides.
  4. Focus on the Children: When disagreements arise, always keep the children’s needs at the forefront of your discussions. They thrive in a stable and loving environment, and by prioritizing their happiness and comfort, parents are often able to navigate conflict more amicably.
  5. Seek Professional Help: If issues seem irresolvable, consider the mediation services of an experienced family law attorney like Judy Burger. Good legal advice can help diffuse tensions and provide solutions that benefit both the parents and the children.

The Role of Judy L. Burger in Resolving Custody Disputes

Judy L. Burger is a Certified California Family Law Specialist with extensive experience in navigating the complexities of custody disputes. Her expertise in California family law can be invaluable when parents reach an impasse. She can provide legal advice tailored to the specific circumstances of each case, helping parents navigate the legal landscape with confidence. Plus, her mediation skills can facilitate constructive conversations, enabling parents to reach fair agreements that prioritize their children’s best interests.

FAQs About Custody Disputes

What should I do if my ex-partner refuses to discuss vacation plans?

Initiate a calm conversation and express your intent to create a beneficial plan for your children. If discussions remain unproductive, consider involving a mediator or legal professional.

Can I take my child on vacation if it goes against the custody agreement?

It’s essential to review your custody agreement and consult your attorney before making any plans. Violating a custody order could result in legal repercussions.

How can I modify our custody agreement for the summer?

Modifying a custody agreement typically requires the mutual consent of both parties. Speak with your co-parent to propose changes and consult Judy Burger if an agreement cannot be reached.

Can my child decide which parent they want to spend their summer with?

Depending on the child’s age and maturity level, their preferences may be taken into consideration, but ultimately, the custody arrangement will be based on legal agreements.

What happens if I need to change my summer schedule last minute?

Communicate changes as early as possible with your co-parent. If the changes are significant, consulting with an attorney may help to ensure the situation is handled legally.

Get Help with Custody and Scheduling Disputes in California

Navigating summer vacation custody disputes can be challenging, but with clear communication, a focus on the children’s needs, and professional guidance from experts like Judy L. Burger, resolutions can be reached that benefit everyone involved. Remember, working towards an amicable solution not only fosters a better co-parenting relationship but also creates a more positive summer experience for your children.

Child Custody Issues After a Natural Disaster

Child Custody Issues After a Natural Disaster

Natural disasters can profoundly impact families, particularly when it comes to child custody arrangements. In California, where wildfires, earthquakes, and floods are common, understanding how these events can affect custody agreements is essential for both parents and guardians. California Certified Family Law Specialist Judy L. Burger discusses the implications of natural disasters on child custody and offers guidance for navigating these challenging situations.

What Impact Can Natural Disasters Have on Child Custody?

The California Department of Forestry and Fire Protection reports that the Palisades and Eaton wildfires consumed 57,660 acres and destroyed over 16,000 structures (as of February 18, 2025).

Natural disasters, including school schedules, work commitments, and living arrangements, disrupt daily life. These disruptions can complicate existing custody agreements for parents who share custody of their children. Here are several factors to consider:

  • Altered Living Conditions: If a natural disaster forces one parent to evacuate or temporarily relocate, it can create challenges in adhering to custody schedules. Parents may need to adjust arrangements to accommodate changes in living situations while ensuring the child’s needs are met.
  • Access to Safe Environments: The safety and well-being of the child should always take precedence. If a parent’s home is damaged or unsafe, it may be necessary to modify custody agreements. Courts will consider the safety of the child when determining temporary arrangements during and after the disaster.
  • Communication Breakdown: Natural disasters can disrupt communication channels. If parents are separated, they might find it difficult to reach each other or to communicate with their children. Establishing a reliable communication strategy before such events occur can be crucial.

Key Considerations for Custody During and After a Disaster

California Certified Family Law Specialist Judy Burger recommends parents consider the following during and after natural disasters occur:

  1. Flexibility and Cooperation: Parents are encouraged to communicate openly and be flexible with one another during times of crisis. Cooperation will help reduce stress for both the child and the parents. Working together to establish temporary arrangements can foster a sense of stability for the child.
  2. Court Orders and Modifications: If a natural disaster necessitates a change in custody arrangements, you should formalize these changes through the court. While temporary modifications can be made informally, documenting changes can help prevent future disputes.
  3. Emergency Plans: Parents should create emergency plans that outline how to handle custody in the event of a natural disaster. This can include designated safe zones, communication methods, and guidelines for travel between homes.

Legal Assistance and Support

California law strongly emphasizes the safety of children during emergencies, such as wildfires. When facing such threats, adhering to court-ordered custody agreements is crucial. Courts understand that emergencies can necessitate prompt decision-making and appreciate actions taken in good faith. This involves acting reasonably and responsibly and prioritizing your child’s safety.

Always inform the other parent about your decisions, maintain thorough documentation of your actions, and seek legal advice. This approach can help clarify intentions and prevent potential misunderstandings.

Custody Agreement Assistance After Natural Disasters

Natural disasters introduce significant challenges for families, particularly regarding child custody arrangements. Ensuring that children’s safety, security, and emotional well-being remain a top priority can lead to better outcomes for all involved. As parents navigate these difficult times, effective communication and legal guidance can help alleviate some of the stress associated with custody issues.

If you find yourself facing custody challenges after a natural disaster, reach out to The Law Offices of Judy L. Burger for expert advice and support tailored to your situation. It’s vital to protect not only your child’s interests but also to ensure that you are prepared for any eventualities that may arise in the future.

 

Do California Divorce Courts Award Custody of Pets?

Do California Divorce Courts Award Custody of Pets?

When you own a dog, cat, or other pet, they are often more than an animal companion—they are like members of the family. Owners can form intense bonds with their shared household animals. Therefore, not surprisingly, the question of who gets the family pet can become contentious during a divorce. If you are involved in a California divorce and have a household animal, you may need to know: Do California divorce courts award custody of pets? Continue reading

What is the Role of a Guardian Ad Litem in a California Child Custody Case?

What is the Role of a Guardian Ad Litem in a California Child Custody Case?

Keeping perspective during divorce can be challenging, especially when parents are fighting over child custody. Sometimes, when parents get very angry with one another, they may inadvertently say and do things that negatively impact their kids. In this situation, a California family court may determine that a Guardian ad Litem (minor’s counsel) needs to be appointed to provide the court with insight into the child’s situation. If you have a disputed California custody matter involving a Guardian ad Litem, you will want to know: What is the role of a Guardian ad Litem in a California child custody case? Continue reading

What Does the “Best Interest of the Child” Mean in a California Custody Case?

What Does the “Best Interest of the Child” Mean in a California Custody Case?

When a California court needs to make decisions regarding child custody, the judge will consider multiple aspects of the child’s life. Ultimately, what the court decides or the parties agree to must be in the child’s best interest. If you are involved in a California divorce or other child-related case, you may be wondering: What does the “Best Interest of the Child” mean in a California custody case? Continue reading

Key Elements to Include in Your Parenting Plan

Key Elements to Include in Your Parenting Plan


Going through a divorce with minor children will involve you and your ex making several decisions about their future care. Ultimately, how you share decision-making and time with your kids will become part of a court-ordered parenting plan that you and your ex will be required to follow. Often parents will negotiate and develop their own plan terms rather than leaving decisions about their family up to the court. When they can’t agree, each parent can ask the court to grant their request for their preferred parenting plan terms. Therefore, it will be crucial to know which terms you need in your parenting plan as you proceed through your case. Here is more on the key elements to include in your parenting plan. Continue reading

Understanding Grandparent Visitation Rights Under California Law

Understanding Grandparent Visitation Rights Under California Law


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: Continue reading