Grandparents’ Rights—What Does California Law Say?

The presence of loving adults in a child’s life can help them grow up with strong self-esteem, a belief that the world is a safe and positive place, and the knowledge that they have support when they need it. For many children, spending regular time with their grandparents can strengthen family bonds and improve quality of life. But when a grandparent loses access to their grandchild, their options are limited. That’s where a grandparents’ rights lawyer in California can step in to help.

When you choose the Law Office of Taylor B. Warner, APLC, you gain access to a committed team of family law professionals capable of handling even your most complex legal matters. Founder and attorney Taylor B. Warner has spent nearly 15 years advocating for her clients in matters of child custody, divorce, child support, and other family law-related issues. If you’re looking for personalized assistance with your visitation rights issue, call our grandparents’ rights law firm at 909-466-5575 now.

Overview of Grandparents’ Rights Under State Law

California, like many other states, highly prioritizes a parent’s right to decide where and with whom their children spend time. The only cases in which they’ll step in and enforce grandparent’s rights are those in which visitation is in the child’s best interests. In cases where parents feel that a grandparent is a danger to the grandchild, the court may even step in and limit access to the child.

California law does allow for grandparents to request visitation rights in some circumstances, but those circumstances are fairly limited. Before you decide to pursue this option—and definitely before you say anything about it to the child’s parents—make sure that your situation allows you to request grandparents’ rights.

When Grandparents Can Request Access

The situations in which a grandparents’ rights attorney may be able to request visitation include:

• The child’s parents are not married
• The child’s parents are married but live apart

This means that the court generally does not allow a grandparent to file papers asking for visitation if the parents live together and are married. If the parents are married, a grandparent may be able to request visitation in these situations:

• Child does not live with either parent
• Parent is in jail, in prison, or involuntarily institutionalized
• Parents’ current location is unknown and has been unknown for at least a month
• One of the parents joins the grandparent in their visitation request
• Child has been adopted by a stepparent

The court will also only consider a petition if the child has a preexisting relationship with the grandchild. If the grandparent and grandchild don’t have a relationship already, the court won’t consider it in the child’s best interests to force them to build a relationship with them.

When Petitioning Isn’t an Option

If a child’s parents are married and they don’t fit into any of the exceptions listed earlier, the court won’t consider a petition to grant the grandparents visitation. Ultimately, their top priority is the child’s best interests, followed by a parent’s right to decide who has access to their child.

This leads us to one of the most common scenarios that come up in these discussions. A married couple decides to completely cut off or at least restrict contact with a grandparent, either due to repeated boundary violations or unsafe treatment of the child. The grandparent then threatens to reach out to a grandparents’ rights lawyer to force the parents to grant access. Not only does the grandparent not have a case, but in making that threat to the parents, they caused further harm and made access to their grandchild even less likely.

If you think you may have a claim for visitation, it’s important to discuss it with a grandparents’ rights attorney before assuming that you can use the legal route to override the parents’ wishes. In many cases, repairing the relationship with the parents is the more effective option.

Find Out How the Law Office of Taylor B. Warner Can Help

If you believe you may have a grandparents’ rights claim, it’s time to discuss your case with our grandparents’ rights law firm. We can help you better understand your options and next steps. Give us a call at 909-466-5575 or reach out online now.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.