Knowledge Is Power

« Back to Home

3 Facts You Should Know About Your Rights To Grandparent Visitation In California

Posted on

If you are a grandparent and you would like to have guaranteed visitation with one or more of your grandchildren under the age of 18 in the state of California, it is important to know that you may be able to ask the courts to order that you be allowed to do so. Fortunately, California is one of the more liberal states in regards to grandparent visitation. Therefore, it is important for you to be aware of the following facts that could impact you.

#1-You Will Need To Establish That You Had a Previous Relationship With The Child

It is important to note that the courts are likely to evaluate the value of your future relationship with the children in question based on the prior relationship that the two of you have shared. Unfortunately, that means that if you have only recently learned that you have a school-aged grandchild, will probably not be able to get court-ordered visitation.

However, if you had regular contact or visitation with the minor child, you are much more likely to be allowed to continue that relationship.

#2-Visitation Is Much More Challenging To Get If The Child's Parents Are Still Married

You may be disappointed to learn that if your adult son or daughter is married to the other parent of your grandchild, visitation is much less likely to be ordered by the courts. However, there are some notable exceptions to that policy.

Exceptions include:

  • The child is not living with either parent

  • The child has been missing for at least a month

  • The parents, while still married, are living separately

If any of the above conditions apply, you should speak with a family law specialist as soon as possible to enforce your legal rights.

#3- It Is Best To Have A Congenial Relationship With Your Adult Child And Their Spouse If Possible

Although you can use the court system to access visitation with your grandchild, it is best to remain cordial with the parents of your grandchild if you can. In addition to the obvious benefits of closer family ties, you should also consider that if both parents agree that you should not be allowed to see the child, the courts are very likely to rule against you. In that instance, you might never see the child again until he or she has reached the age of maturity and chooses to do so.

In conclusion, a grandparent can have a significant impact on the life and happiness of a grandchild. If you would like regular visits with one or more of your minor grandchildren in California, the information listed above will be very helpful. Speak with legal professionals like Haslam & Thorne, LLP for more information.