Grandparents' Rights in California

According to Section 3103 of the California Family Code, parents have the right to deny a grandparent visitation with their child. Grandparents, however, may petition the court in pursuit of visitation rights, which a court can grant if it believes the arrangement is in the child’s best interests.

Keep in mind that being granted visitation rights does not grant a grandparent the right to make any parenting decisions. Parents’ discretion is given special weight in grandparent visitation cases, so it can be difficult for a grandparent to successfully gain visitation rights if the child’s parent(s) do not feel it is in the child’s best interests. 

Because these cases are complex and challenging, you should enlist the support of a competent and trusted Roseville grandparents’ rights attorney.

When we meet with you, we can review the family history, prior caregiving arrangements, and any breakdown in the relationship that led to contact being cut off, so you understand the options that may be available. We can also explain how judges in the Placer County Superior Court often approach grandparent visitation disputes, what kinds of evidence tend to be persuasive, and realistic timelines for each step, so you can make informed choices about whether to move forward.

What Is Considered a Child's "Best Interests?"

The courts will consider two primary things when deciding on reasonable visitation for grandparents, both are regarding the child’s best interests:

• The courts need to see that there is such a bond between the grandparent and grandchild that indicates it would be in the child’s best interest to have visitation with the grandparent.
• The courts also need to balance granting a grandparent visitation rights while also granting the parent(s) the right to make decisions regarding their child.

In addition to evaluating the bond between you and your grandchild, the court may also look at factors such as the child’s age, the distance between households, the history of any substance abuse or domestic conflict, and whether regular visits would disrupt school or medical routines. We can help you present these details in a clear, organized way, so the judge has a full picture of how your requested schedule would work in day-to-day life and how it aligns with the child’s emotional and physical needs.

What Conditions Allow a Grandparent to Seek Custody in California?

Under certain circumstances – wherein a child’s biological parent is unfit or the child is found to be living in an unsafe environment – a grandparent may be granted custody rights. A grandparent may be granted legal custody, allowing them to make decisions about the child’s upbringing, or physical custody, which allows the child to live with them. To seek custody as a grandparent, you must join a live existing custody dispute. Bez Law Firm, P.C. can represent you in your efforts.

If you have questions about your case or your rights, we urge you to contact our grandparents' rights attorneys in Roseville. The sooner you speak with our firm, the better. We look forward to representing you and helping you find a positive solution to the matter at hand.

Many grandparents consider seeking custody when they have already been acting as the child’s primary caregiver, such as when a parent is struggling with addiction, incarceration, or chronic instability. In those situations, we can walk you through how the court evaluates safety concerns, school and medical continuity, and the child’s own wishes, and how those considerations can support a request for legal or physical custody. We can also discuss how a change in custody may affect child support, existing orders, and future modifications, so you understand the broader impact on your family.

How We Help Grandparents in Roseville Cases

When you reach out to our team, we start by listening carefully to your story and what you hope to achieve for your grandchild. We then explain how California’s grandparent visitation and custody laws apply to your specific situation, including whether your circumstances are more likely to support a visitation request or a request to join an existing custody matter. This early conversation is designed to give you realistic expectations about the legal process in Roseville and the surrounding Placer County communities.

Once you decide to move forward, we help you gather and organize the documents, timelines, and witness information that can demonstrate your involvement in your grandchild’s life. We can represent you in negotiations with the child’s parents to see if a voluntary schedule can be reached before filing, and if that is not successful, we prepare your filings and present your position in court. Throughout the process, your attorney will keep you informed about upcoming hearings in the Placer County Superior Court, likely next steps, and options for settlement, so you feel supported at every stage.

Have questions regarding grandparents rights in California? Contact us today at (916) 512-8944 to get started on your case today.