Grandparents Rights in California

If you’re like most grandparents, you want to spend time with your grandchildren. If you’re restricted from doing so, you may be saddened, frustrated, and interested in learning more about grandparents rights in California.

In this article, we’ll take a closer look at this area of the law so you know how to proceed.

Grandparents Rights in California

There are a lot of reasons a parent may deny a grandparent visits with a child. Having a past history of mental or physical abuse, drug use, or even just toxic relationships may make parents fearful of allowing little ones to spend time with their grandparents.

That said, parents don’t always get it right and sometimes, they refuse access out of spite or misguided beliefs. This puts the grandparent in a very awkward position and can be extremely hard on the entire family.

Here’s what you need to know …

Visitation Rights

Not automatically, no. There is no law that states that a parent absolutely must give a grandparent visitation. A grandparent may approach the court to ask for visitation, but they have the burden of proof when it comes to establishing a relationship.

The courts generally recognize that the parent has the right to make decisions about who their child interacts with, so they usually move cautiously and strive to make carefully balanced decisions. The courts do not make a practice of getting involved in everyday family disputes.

Filing for Visitation?

California law does not allow grandparents to file for visitation with a grandchild while both parents are married. There are a series of exceptions to this rule:

• The parents are separated, and living in different locations
• One parent is uncontactable or otherwise estranged
• The child has been removed from parental custody and lives elsewhere

Most courts will more carefully consider grandparents’ rights in divorce or death cases, where sole custody may be unwise or unavailable as an option. Family tension is common after divorce, and grief can make it exceptionally difficult to care for children. Sometimes, the best option is to bring a grandparent into the picture temporarily to provide parents with respite.

Where one of the parents are estranged, children may miss out on having contact with the non-custodial parent. This fact also causes the child to lose out on forming normal familial relationships. Grandparents may have an easier time winning visitation if one of the child’s parents consents to visitation and sides with the grandparent in court.

The courts may rule for grandparent visitation in these and many other circumstances, but it is critical to note that rights can also be rescinded at any time. If, for example, the parents were living separately but reconcile and get back together, they may go to the court and ask for the visitation rights to be terminated. The courts are obligated to do so at that time. There are few exceptions to this rule because parental custody always comes first in the eyes of the court.

Situations like these make it difficult to figure out how to even file a petition for visitation. It’s much easier if you can find an open case that involves one or both parents. Potential options include child support, divorce, and domestic violence cases. Sometimes, the courts view custody with a grandparent as being more stable for the child within cases like these. In the absence of an existing case, grandparents must start from scratch.

Proving a Relationship

Can grandparents file for visitation while the parents are married and living together? They can try, but it will be much more difficult to convince the courts to rule in the grandparent’s favor. Grandparents must prove their bond with the child, convince the court there is a pre-existing relationship, and prove that disregarding the parent’s wishes is in the best interest of the child.

Let’s say a grandparent has a close relationship with the parents and the grandchild, but some sort of fight or disagreement creates a rift. The parents retaliate by refusing to speak to the grandparents and by withholding contact with the child. The courts will want to know what type of relationship there was before the separation.

Did the grandparents casually visit from time to time, or were they a regular daily or weekly presence in the child’s life? Did the grandparents help with school work, babysit, or take them on trips? Can the grandparents tell the court about a child’s likes and dislikes? The ability to prove such a close relationship may prove that it is in the best interests of the child to maintain the relationship.

Proving the Denial of a Relationship

Estranged grandparents who remain out of contact with their children or grandchildren are often denied the right to visitation or contact from birth or at an early, impressionable age. However, there is an option here, too. If the grandparent can prove they made an effort to contact but were completely denied by the parent, the courts may acknowledge their efforts and grand visitation. “Making an effort” includes making regular phone calls, sending letters, or sending birthday or holiday gifts and cards. These efforts must be regular, consistent, and provable through hard evidence (such as telephone records).

Parental Opposition

The courts almost always consider the preferences of parents first. Most family courts support the right of a parent to make decisions about the best interests of their child. They carefully weigh the reasons the parents have for denying visitation.

As a matter of fact, the United States Supreme Court ruled in Troxel v. Granville that “the interest of parents in the care, custody, and control of their children – is perhaps the oldest of the fundamental liberty interests recognized by this court.” In other words, the Supreme Court ruled that it is unconstitutional to deny a parent the right to decide who their child associates with. A grandparent would have to prove that a child’s parents are completely unfit in order to overrule their decisions.

Conclusion

If you’re not able to visit your grandchildren for whatever reason, you may be saddened and frustrated.

Fortunately, you may be able to explore your rights as outlined in the grandparents’ rights in California to resolve the problem. If you’re not sure how to get started, we are always happy to help. To get started, tell us a little about your situation and we’ll find a lawyer for you in your area.