Ask a Family Law Attorney: A Review of Grandparents’ Rights in CA

family law attorneyFor many, grandparents play an important role in their lives and upbringing. The family law courts in CA recognize this, and it is possible for grandparents to seek certain legal rights when it comes to custody or visitation rights.

This is important in many scenarios, such as those where the parents might be keeping someone from seeing their grandchildren, or where an in-law has issues with giving grandparents access to the kids, etc. For today’s post, we’re taking a look at how grandparents can seek to have their visitation and custody rights enforced in California.

Grandparents’ VIsitation Rights in CA

California Family Code section 3100 enables the family law courts to give grandparents visitation rights. In many cases, this is an options that the courts explore when a parent passes away, but they will also grant these rights when it benefits/serves the best interests of the child. 

When a grandparent seeks visitation rights, he/she has to simply file the right forms, receive a court date, and ensure that the papers are served so that the parents are aware of the request. When there are any open cases involving the parents/children, these requests are filed under that open case. 

Proceed with peace of mind and confidence by recruiting a family law attorney to help guide you through the process of applying for grandparents’ visitation rights in CA.

Grandparents’ Custody Rights in CA

Grandparents also have the option to pursue full custody, although this is often only approved when there is a clear risk to the child or significant benefit to his/her well-being and happiness. In other words, the courts will need strong evidence that shows how the parents might be neglectful, unfit, abusive, and more. 

Other common scenarios include those where a parent has passed away and those where parents are unable to provide for the child. A grandparent can also petition custody after a child has lived with him/her for an extended period of time. 

Get in Touch With Experienced Family Law Attorneys in California

At the end of the day, custody and visitation disputes can be complex affairs even when the facts surrounding a case might seem straightforward. Get the help that you need to petition for the rights that you and your grandchildren are entitled to. 

At R & S Law Group, LLP, we offer free initial consultations. GIve us a call today at (949) 825-5245 to learn more about how we can help.