GRANPARENTS RIGHTS FOR VISITATION
If you are a grandparent and want information about visitation with your grandchildren, there are many resources that can help youlearn about your options and understand your rights as a grandparent. LegalDoc- Prep can assist you with these resources and additionally help you complete all the documents, file and set court hearings and notify all parties necessary.
If you are a grandparent and you are raising your grandchildren either because the parents are absent or are unable to care for their children (like if they are on drugs, or in jail), and you require legal control and custody over the children, it is called a “Guardianship” and there is a separate court process for Guardianships. Please click here for information regarding Guardianships.
Under California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to:
1. Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild.
AND
2. 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.
In general, grandparents 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 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.