According to California Family Code section 3100, the family court may
grant reasonable visitation rights to the grandparent of a minor child.
The following are the three basic situations in which grandparent visitation
rights are given:
A parent has passed away. If it is in the best interest of the child, a court may grant visitation
rights to a close relative of that parent.
Parents filed for
divorce. A grandparent is allowed to join in the divorce proceedings in order to
gain visitation rights or file a separate action.
Child’s parents are not married. A grandparent is allowed to gain visitation rights.
However, in the event of a divorce between the parents, the court must
balance the best interest of the child against the traditional right of
the parents to decide whom their kids associate with. So, if the custodial
parent objects to
visitation with the grandparent, then the court assumes it is in the child’s
best interest. Fortunately, if this is your case, you still have an opportunity
to seek visitation rights.
Under Family Code section 3105, children have a fundamental right to maintain
healthy, stable relationships with a person who has served a substantial
parental role. This means that you must demonstrate that a pre-existing
relationship with your grandchild was in place, by showing facts and how
the loss of that relationship will have an adverse impact on the child’s growth.
Let a Westlake Village Family Law Attorney Help You
Law Offices of Jeffrey S. Graff, I understand what it takes to obtain the outcome you desire. With more
than 30 years of experience, I possess the comprehensive understanding
of state family laws and court processes to help you navigate through
the possible complexities of your case. Let me help you reunite your family.
Contact my firm and request a
free consultation today.