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.

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.

Seeking Custody as a Grandparent

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.

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