Disclaimer: Grandparent visitation rights in California are governed by the California Family Code, California Rules of Court, California Code of Civil Procedure, and by local court rules that vary from county to county. The discussions contained in this website and in any related material are only intended as a brief overview of the issues and law relating to grandparent visitation. 

Generally.

Normally issues of grandparent visitation of a child(ren) may be best addressed first through discussion and dialogue between the grandparent and the parents, with a view to the best interest of the grandchild(ren) and the preservation of the family relationships. If discussion and dialogue fails, court action may be necessary. In most cases, such family discussion and dialogue should take place before filing any papers with the court. 

If you are a grandparent seeking to obtain a court order granting you visitation with your grandchild or grandchildren, call the attorneys at   Ihejirika Law Corporation to discuss and assist you with your matter. DON’T DELAY. CALL US TODAY TO DISCUSS YOUR CASE. (877) 472-6013, (916) 972-8774, or (916) 972-8779.

Grandparent Visitation of Child Whose Parents Are Not Married to Each Other

If a grandchild’s parents are not married to each other, and the parent who is the child of the petitioning grandparent does not have any custody of the grandchild, that grandparent generally can file for visitation rights with the grandchild; and a court may grant a grandparent’s request for reasonable visitation with a grandchild if the court concludes (1) that there is a pre-existing relationship between grandparent and grandchild that has created a bond between the grandchild and the grand parent such that that visitation with the grandparent is in best interest of the grandchild; and (2) that the balance the best interest of the child in having visitation with a grandparent, versus the rights of the parents to make decisions about their child, tips in favor of visitation with the grandparent. 

Grandparent Visitation of Child Whose Parents Are Married To Each Other

Generally, if the grandchild’s parents are married to each other, grandparents cannot file for visitation rights, unless (1) the parents are living separately; or (2) a parent’s whereabouts are unknown (and have been for at least a month); or (3) one of the parents joins the grandparent’s petition for visitation;, or (4) the grandchild does not live with either of his or her parents; or (5) the grandchild has been adopted by a stepparent. If one or more of these exceptions exists, a court can grant a grandparent’s request for reasonable visitation with a grandchild if the court concludes (1) that there is a pre-existing relationship between grandparent and grandchild that has created a bond between the grandchild and the grand parent such that that visitation with the grandparent is in best interest of the grandchild; and (2) that the balance the best interest of the child in having visitation with a grandparent, versus the rights of the parents to make decisions about their child, tips in favor of visitation with the grandparent.

But if the grandchild's parents are married to each other and none of the above mentioned exceptions applies; a grandparent may consider filing a petition for guardianship if the grandchild is the subject of child abuse or neglect.

If you are a grandparent seeking to obtain a court order granting you visitation with your grandchild or grandchildren, call the attorneys at   Ihejirika Law Corporation to discuss and assist you with your matter. DON’T DELAY. CALL US TODAY TO DISCUSS YOUR CASE. (877) 472-6013, (916) 972-8774, or (916) 972-8779.

Termination Of Grandparent Visitation

If circumstances change after grandparent visitation has already been ordered by the court, such that the grounds or exceptions under which the grandparent visitation was ordered no longer apply, then one or both parents can ask the court to end the grandparent’s visitation. Furthermore, if the child’s parents are or become married and none of the exceptions mentioned above apply any more, the court will end the grandparent’s visitation rights at that time.

If you are a parent seeking to terminate a court order granting grandparent visitation between your child and a grandparent, call the attorneys at   Ihejirika Law Corporation to discuss and assist you with your matter. DON’T DELAY. CALL US TODAY TO DISCUSS YOUR CASE. (877) 472-6013, (916) 972-8774, or (916) 972-8779.