After a child’s own parents, grandparents are often among the most important people in their lives. When divorce, death, or other major changes disrupt a child’s home, grandparents might become essential to ensuring those kids receive the love and stability they need to thrive.
Unfortunately, it isn’t always easy for grandparents to step into the role of caretaker, guardian, or even babysitter. Depending on the family’s situation, the child’s parents might not want the grandparents involved; they might take legal steps to make certain grandpa and grandma can’t even see the kids.
If you’re struggling with limited or no access to your own grandchildren, an experienced California family law attorney may be able to help. And if you have reason to think your grandkids are in danger with their current caretakers, the time to act is now.
Let’s breakdown visitation and custody grandparents’ rights in California, and see how an attorney can help you protect your family.
What Are Grandparent Visitation Rights?
Today in the United States, grandparents of minors may ask the court for the right to maintain a relationship with their grandchildren.
Such requests can arise when the minor’s parents are divorced, unfit, abusive, or otherwise not prioritizing the child’s best interests. Individual states outline how to submit this request and under what circumstances they may grant it.
Grandparent visitation rights were not always a legally supported concept. Until recent decades, only parents enjoyed any type of visitation rights.
Fortunately, the courts now recognize many circumstances where children and their grandparents both benefit from legally supported contact.
Still, because judges tend to default to the rights of parents over their children’s lives, it’s wise to talk to a California family lawyer who can help you navigate this sensitive situation.
Who Decides Whether the Child Sees Their Grandparents?
Most of the time, parents decide who has the right to see their minor children.
If both parents are alive, and especially if they’re married to each other, it’s generally assumed that they know their children’s needs and desires and have their best interests in mind.
Even divorced parents are typically allowed to decide whom their children see and don’t see during their time with their kids.
However, if the parents are divorced or one of them has died, grandparents may experience lost time and connection with their grandkids.
When a minor’s surviving parent or legal guardian seems to be hindering the grandparent relationship without good reason, the courts may outweigh the parent’s right to decide who sees their children.
Sometimes, even if the parents are both alive and married to each other, the courts will find it in the child’s best interest to spend court-ordered time with their grandparents.
This is far more likely when you work with a lawyer who understands the specific grandparents’ rights that California law supports.
Legal Rights on Grandparent Visitation in California
As far as the courts are concerned, the best interests of your grandchildren are the top priority.
Usually, that means adhering to their parents’ wishes. However, certain circumstances can counter the parents’ wishes, especially if you have an existing, healthy bond with your grandkids.
Situations in which grandparents often seek visitation rights include:
- The parents aren’t married or together.
- The parents are married but don’t live together (permanently).
- The child doesn’t live with either of their parents.
- One parent is deceased.
- One parent supports the grandparent’s request to see the child.
- The child was adopted by a stepparent.
Even if you think your visitation case is simple and won’t face complications, you’d do well to speak with a family lawyer in California before getting in over your head.
California’s Family Code on Grandparent Visitation
California code states that the court may grant visitation rights, within reason, to people with an interest in the child’s welfare.
Grandparents are usually considered people interested in the child’s welfare. The court, at its discretion, is likely to take their request for visitation relatively seriously.
It’s important to understand that the court will hear any concerns about a minor’s physical, mental, and emotional wellbeing when they are with a grandparent.
If a grandparent is deemed a threat to wellbeing, not only would they not secure visitation rights, but the court could determine that the parent isn’t allowed to bring the child around that grandparent.
In extreme cases, restraining orders can be put in place to protect a child and revoke a grandparent’s rights in California.
If you have any concerns about how the courts might perceive your ability to care for your grandkids, get in touch with a family law firm to discuss how to present your case.
Do Grandparents Ever Take Custody of Their Grandchildren?
Occasionally. Certain circumstances put it in a minor child’s best interest to be placed with their grandparents:
- Both parents are deceased.
- Both parents are deemed unfit to care for their child.
- One parent is deemed unfit and the other parent cannot or will not take their child.
- The whereabouts of one or both parents is unknown, and this has been the case for a specified, extended length of time.
- Parents’ mental, emotional, or physical health makes it impossible or even dangerous for them to care for their child.
- Drug or alcohol abuse in the child’s home.
- Illegal activity happening in the child’s home.
- The child is being physically, verbally, or sexually abused in their home.
- One or both parents are in jail or prison or involuntarily institutionalized.
- Both parents agree that the grandparents should have custody.
Understand that as a grandparent, you may not get custody of your grandkids if other family members want them.
Despite the close relation, the court will consider a range of factors when deciding who gets custody. Again, the top priority will always be the needs and wellbeing of the child.
Working with an experienced attorney can give you an advantage against others who also want custody, especially if they’re representing themselves. Pursuing custody is quite different than seeking visitation rights–let us help you meet the challenge.
How to Get Grandparent Visitation Rights in California
People seeking grandparents’ rights in California will not automatically secure any visitation rights from the courts, even if they’ve tried to reach a compromise without legal counsel or action.
Note: We always recommend that grandparents try other things before seeking court-mandated visitation rights. This approach tends to be faster, less hostile, and more affordable for all sides. More importantly, it places less stress on the children themselves.
We also strongly suggest you proceed with the input of a family law attorney. The sad truth is that some families simply can’t move past their differences and only make things harder by not talking to a legal professional.
Here are some steps to get visitation rights as a grandparent:
1. Settle Family Disputes Out of Court and on Your Own Whenever Possible
Always begin by speaking to your grandchildren’s parent, parents, or legal guardian directly. While it may be uncomfortable and change your relationship with the other adults involved, this approach might be all that’s needed to clear up misunderstandings.
Further, it can be very reassuring for children to see the adults in their life being civil and working together for their benefit. This is also going to cost you less in time and money than a more formalized process.
2. Try Mediation With a Neutral Third Party
Mediation is when you bring an objective entity into the conversation. In family law, this could be a professional mediator or perhaps a trusted counselor.
The most important thing is that they have the communication and facilitation skills to promote a civil, effective conversation. The ultimate goal is to reach an agreement and avoid the cost and tension of greater legal action.
As a step beyond family discussion and a step before more formal legal steps, mediation focuses on building family relationships as they are now, and keeping all decision-making power within the family (as opposed to with a judge).
3. Seek Legal Advice and Court Involvement
Before anything legally binding can happen, you must submit a request for visitation rights. Depending on the circumstances, you may:
- Join an existing family law case between your grandkids’ parents (such as a divorce, custody, or paternity case) and add your grandparents’ visitation rights request.
- File a new petition that requests grandparents’ visitation rights. Understand that this is essentially opening a brand new case with the family court.
Be aware that the courts don’t usually provide an official grandparent visitation form as they do for divorce and paternity cases. Though, some counties have a local form you may use as a petition.
If no form is available, working with a family law attorney ensures your petition is drafted and submitted properly.
4. Prepare to Go to Court
In some cases, people end up taking their dispute before a judge for a court order of some sort.
If this is the route you go, be prepared to prove that your relationship with your grandchildren is established and important enough to make a significant positive difference in their lives.
Also gather any evidence you can of their parents’ unfit state, abuse, or anything else that disregards the children’s wellbeing.
Above all else, focus on maintaining a healthy relationship with your grandchildren. Ensure your home is a safe, neutral space that respects their parents, even if those parents lost custody.
Also keep in mind that older children will pick up on many factors of the situation, and may want to give input on who they visit and live with.
Grandparent Visitation Rights FAQs
Here are answers to some of the most frequently asked questions about grandparents’ rights in California and seeking visitation with or custody of their grandchildren:
1. What if there is no case filed with the court?
If no family law case between your grandchildren’s parents exists, you’ll have to open and begin one from scratch. You’ll only be allowed to file that petition if your grandchildren’s biological or adoptive parents are not married or if they are married and one of the following is true:
- The parents will live separately for the foreseeable future.
- One parent has been absent for at least a month and the remaining parent doesn’t know where they are.
- Your grandchildren aren’t living with either of their parents.
- One parent joins the petition with you.
- A stepparent adopted your grandchild.
If the court does two things, it may grant you visitation rights:
- Establishes that visitation is in the child’s best interest due to the existing relationship and bond between you.
- Balances the benefits of grandparent visitation for the child with their parent’s right to authority over whom they see.
Getting a family law case off the ground, let alone in a way that’s successful and minimizes stress on the kids, is tough. The sooner you get in touch with a family law practice, the sooner experienced attorneys can take much of this burden from your shoulders.
2. What if one of the parents of your grandchild has died?
If the court believes that visiting your grandchild after one of their parents died is in their best interest, you may very well secure grandparent visitation rights.
Understand that any visitation schedule you propose will need the court’s approval as “reasonable” and to be workable for the surviving parent (assuming they are fit to raise the child alone).
In the event that the child is adopted by someone other than a stepparent or grandparent, previous visitation rights may be terminated and new ones may not be granted. This is one of the tougher realities that an attorney can help you through.
3. Will the court grant no grandparent visitation at a parent’s request?
Possibly. A parent’s right over every aspect of their minor children’s life is strong and often difficult to counter, but it is not absolute in the state of California.
If your companionship as a grandparent is found to be in a child’s best interest, the court may support your right to maintain a healthy relationship with them, despite what the parents want.
If a grandparent is found to be abusive, dangerous, incapable, or otherwise a threat to the children’s wellbeing, the parents will most likely be able to keep them apart.
4. What about grandparent visitation rights after adoption?
If your grandchild was adopted by a stepparent or another grandparent, you may proceed with a petition for visitation rights.
However, if someone else adopted your grandchild, all previous visitation rights are terminated and you may not seek new ones.
Typically, adoption severs ties with extended family as well as biological parents (unless other agreements are made or the child seeks their biological family out in the future).
In cases where a child is taken from parents and placed elsewhere, such as a foster or children’s home, the court will decide if grandparent visitation is beneficial to the child. In these situations, judges recognize that the parent’s wishes might not be in the child’s best interest.
5. Can grandparents get custody of a child?
The short answer is yes. However, it’s not typically the first solution the courts turn to. Most of the time, the ideal is to keep children with their parents while grandparents provide additional love and support.
In order to secure custody of your grandkids, you’ll need to counter the default, which is that parents provide the best home for their children.
You can do this by demonstrating that the parents and their home pose a threat to the children’s well being with abuse, neglect, dangerous activities, illegal items, or other behaviors.
Even if you take custody or guardianship of your grandchildren now, there may be a time in the future when their parents are again able to provide the home and care they need.
The courts may return your grandkids to their biological or adoptive parents. Be certain to discuss this possibility with your California family law attorney.
Envision Family Law Is Here to Protect Your Family
You care fiercely for your grandchildren, and will do whatever it takes to secure your grandparents’ rights in California. After decades of practicing family law in this state as well as Washington, we know what it takes to show that you have a child’s best interest in mind.
When you’re ready to take the next step in maintaining your relationship with your grandkids, contact our family law office in Long Beach or the family law office in Riverside.
You can call or text anytime at (562) 379-4704 or use the easy form on our California contact page to provide some basic information before we chat.
At Envision Family Law, we’re honored to help the families of our community with dedication and compassion.
Whether you need help clearing up a familial misunderstanding or need to quickly pull your grandkids out of a dangerous situation, our legal team is ready to help.