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Under California family law a grandparent can request reasonable visitation rights when the parents divorce, even if both parents object. The facts of the U.S. Supreme Court decision which have shaped the current laws afforded to grandparents in the United States are sad and unfortunate.
A court will take into consideration a parents request to deny grandparent visitation. However, the court will make a decision based on what is in your grandchilds best interest. California has a statute that addresses this issue.
Under California family law a grandparent can request reasonable visitation rights when the parents divorce, even if both parents object. The facts of the U.S. Supreme Court decision which have shaped the current laws afforded to grandparents in the United States are sad and unfortunate.
Only people with parental responsibility can apply for a court order. However, grandparents can apply for permission to apply for a Court Order to seek contact with the grandchild. It is very rare that a court would refuse the grandparents permission to make an application.
A judge can order grandparent visitation in limited cases The grandparent and grandchild have an existing bond. This bond means that it is in the best interest of the child to see their grandparents. The childs best interest to see the grandparent outweighs the parents rights to make decisions about their child.
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Grandparents may be awarded visitation rights if either of the childs parents has passed away and the court finds that visitation is in the best interest of the child. However, it is important to note that the court will not grant visitation if someone other than a stepparent or grandparent adopts the child.
Step 1: Open a case. Begin by opening a family law case with your countys superior court. Step 2: Complete your custody forms. Step 3: File with the court. Step 4: Serve the other parent. Step 5: File the remaining forms. Additional help with your initial filing. Preparing for what comes next.
California puts the safety of a child first, so if you believe a child is in danger it is important to act quickly. California Family Code Section 3041 permits non-parents and family members, such as grandparents, to be granted custody of children if it is in the best interest of the children.
California law there is a rebuttable presumption against grandparent visitation where the childs parents agree the grandparent should not be granted visitation rights or if the parents are not united in their opposition, but grandparent visitation is contested by the custodial parent.
The law does not give grandparents any automatic rights to be in their grandchildrens lives. So, parents can keep children away from grandparents if they choose to. This doesnt mean as grandparents you do not have options. Resolving problems between all the adults involved is usually the best solution.

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