Children and their grandparents can share a unique bond. Under the best of circumstances, grandparents can be a support to parents and an essential part of their grandchildren’s lives. When there is a divorce or parent death, grandparents may lose their ability to see their grandchildren. However, California law may provide a way for grandparents to maintain relationships with their grandchildren after death or divorce. Here is more on understanding California grandparent visitation.
California Grandparent Visitation
California law provides that “in the discretion of the court, reasonable visitation rights may be granted to any other person having an interest in the welfare of the child.” This discretion may include granting reasonable visitation to a child’s grandparents.
When can a California Court Grant Grandparent Visitation?
A California court can grant reasonable grandparent visitation rights if a parent has died or if the children and grandparent had a preexisting relationship before the parents separated or divorced. A California family court will also consider whether granting visitation is in the child’s best interest.
Under California law, “[o]n petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following:- Finds that a preexisting relationship between the grandparent and the grandchild has engendered a bond such that visitation is in the child’s best interest, and
- Balances the child’s interest in having visitation with the grandparent against the right of the parents to exercise their parental authority.
What if Parents are Still Married?
Ordinarily, a grandparent cannot petition for visitation when the child’s parents are married. However, there can be some exceptions. For example, the law provides that judges can grant visitation to grandparents when:
- The parents currently live separately and apart on a permanent or indefinite basis.
- One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.
- One of the parents joins in the petition with the grandparents.
- The child is not residing with either parent.
- A stepparent has adopted the child.
- One of the parents is incarcerated or involuntarily institutionalized.
However, “at any time that a change of circumstances occurs such that none of these circumstances exist, the parent or parents may move the court to terminate grandparental visitation, and the court shall grant the termination.”
When a family goes through a divorce, it’s hard on everyone, especially children. Sometimes, limiting contact with their extended family (grandparents) can undermine children’s sense of support and stability during a confusing and difficult time. By contrast, some circumstances may justify keeping grandparents away from grandchildren to safeguard their well-being during and after divorce.
If you are involved in a California divorce or child custody matter, you should consult with an experienced California attorney. Your child custody lawyer can help you evaluate grandparent visitation and all of the other issues in your case.
Contact a California Child Custody Attorney
Deciding how to manage family relationships during a divorce can be challenging. We have experience and understand the issues and laws surrounding grandparent access and can help you determine your next steps. The attorneys at the Law Offices of Judy L. Burger are experienced child custody attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. 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.