Under California law, a grandparent has the right to make a request to the court for reasonable visitation with a grandchild. A California court will take into the pre-existing relationship between grandparent and grandchild, that has “engendered a bond,” and will balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.
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Grandparent Visitation
What is grandparent visitation? How do I get visitation with my grandchild?
Under California law, a court can order that a grandparent be given reasonable visitation with a grandchild. For the court to grant such an order, it must find the following:
- That there was a pre-existing relationship that resulted in an “engendered a bond.” This means that there is such a bond between the grandparent and the grandchild that visitation is in best interest of the grandchild; and,
- Balance the interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child. This means that the benefits of ordering visitation with the child outweighs and effect on the parents’ custodial rights.
If you are raising your grandchildren either because the parents are absent or are unable to care for them, you can apply for visitation.
Parents are Married
As a grandparent, there may be times when you will not be able to file for visitation. In general, grandparents cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, such as:
- The parents are living separately;
- A parent’s whereabouts are unknown (and have been for at least a month);
- One of the parents joins the grandparent’s petition for visitation;
- The child does not live with either of his or her parents; or
- The grandchild has been adopted by a stepparent.
Significant Contact with Grandchild
Grandparent visitation is court-ordered visitation granted to a grandparent who has a significant contact with a grandchild and, as determined by the court, would not be harmful to order visitation to the grandparent.
Court Order
Visitation can be granted to a grandparent who makes a request to the court for reasonable visitation with a grandchild. For the court to grant grandparent visitation, the court has to find:
- That there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond;”
- That such a bond between grandparent and grandchild makes it so that visitation is in best interest of the grandchild.; and,
- Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.
Conditions to Award Visitation
Conditions for visitation include the following:
- A determination of whether a parent is deceased;
- If the child’s parents are divorced or separated;
- If the whereabouts of one parent is unknown;
- If the child is not residing with either parent;
- That visitation is in the child’s best interests;
- There was a preexisting relationship with the grandchild[
- Balancing visitation with the parents’ rights of custody.
If both parents agree that the court should not grant visitation to the grandchild, the court will presume that visitation is not in the child’s best interests.
When Parents are Living Together
In general, you cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, like:
- The parents are living separately;
- A parent’s whereabouts are unknown (and have been for at least a month);
- One of the parents joins the petition for visitation;
- The child does not live with either of his or her parents; or
- The grandchild has been adopted by a stepparent.
Change in Circumstances
Should there be a change and none of these exceptions no longer apply, one or both parents can ask the court to end visitation.
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