Are you a grandparent who adores your grandchildren and is concerned about visitation in the event of divorce? This article will help you understand your rights as a grandparent.
- Can a grandparent ask the court for visitation?
Yes, a grandparent can ask the court for reasonable visitation. In order to grant that request, a court has to evaluate two factors: 1) there has to be a bond already in existence between grandparent and grandchild, such that the visitation is in the best interest of the child, and 2) the court has to balance the best interest of the child in having visitation with the parents’ right to make decisions about their child.
- Can the grandparents take action to get visitation if the parents are still married?
Generally, no, the court will not order visitation for a grandparent if the parents are still married. The exceptions to this general rule include:
- Grandchild has been adopted by a stepparent
- Child does not live with either parent
- One of the parents joins the grandparents in their petition for visitation
- A parent’s whereabouts are unknown
- The parents are living separately
- Where can I find more information about grandparent custody rights?
California Family Code section 3100-3105 can provide more information about grandparent custody rights. You could also consult an experienced family law firm, such as David Knecht Law.
- How does a grandparent ask for visitation in court? What is the process?
A grandparent can file a petition in court to ask the court to order visitation with a grandchild. In general, the first step would be to find out if there is an existing case already open or whether the grandparent needs to start the case themselves. The next step would be to file the appropriate paperwork and serve those on the parents. Subsequently, a hearing or mediation may be scheduled. When the judge makes a decision, he or she will sign a court order.
A grandparent can add security, love, and wisdom to a grandchild’s life. If you are a grandparent who is concerned about securing the legal right to visit your loved one, contact a firm that is experienced in family law, David Knecht Law.
