What Visitation Rights Do Grandparents Have?

Close up of funny grand daughter joyful grandmother telling secrets

It is easy to realize that divorce will impact the parents and children involved in the case. They will ultimately experience a drastic change in family dynamics and how they spend time with one another. However, divorce can also impact extended family members or relatives. For example, grandparents may not be able to have the same relationship with their grandchildren. If this is the case, it may be necessary to intervene.

Do Grandparents Have Visitation Rights?

What many people may not realize is that grandparents do have the ability to obtain visitation rights with their grandchildren. If a parent is making it difficult for you to spend time with your grandchild, you may need to have a visitation agreement in place. However, it is important to note that it cannot be assumed that this is in the best interests of the child. The courts will have to explore if having visitation with the grandparents will benefit the child, or be a detriment to them.

Can Grandparents Obtain Custody?

While grandparents may just need a visitation agreement in order to see their grandchildren regularly, there may be other situations that warrant further action. For example, a grandparent may seek to obtain custody of their grandchild. There are several different circumstances that may result in a grandparent seeking custody, including the following:

  • One or both parents have passed away, meaning that the child will need someone to assume care for them.
  • The parent or parents have a history of current or previous drug or alcohol abuse that has affected their ability to care for their children.
  • One or both parents has demonstrated abusive behavior towards their children which could physically or emotionally harm them.
  • The parent or parents elect to sign over custody of their children or terminate their parental rights.

In these situations, it may be more beneficial for the children to live with their grandparents so they have access to a stable environment.

Do Grandparents Need An Attorney?

If you are a grandparent and are seeking to obtain visitation rights or custody for your grandchild, it is critical to seek out the advice of an experienced attorney. At Bez Law Firm, P.C. we understand the rights that grandparents have to their grandchildren in California. We will review the details of your case and help you determine what is in the best interests of your family.

Are you a grandparent seeking visitation rights or custody in California? Contact us at (916) 512-8944 for a consultation.

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