What You Should Know About Grandparents’ Rights in California
Gaining custody of a child is already complicated for parents, so it can be even more difficult for a grandparent. While California family courts have clear guidelines when it comes to ensuring that parents have meaningful involvement in the care of their children, those same guidelines do not apply to grandparents.
If you are a grandparent who is concerned for the well-being of your grandchildren, you should consult with an experienced San Diego family law attorney to learn exactly what your rights are and what can be done to protect your relationships. At Huguenor Mattis, A.P.C., we regularly handle complex child custody cases involving multiple family members, including grandparents. For a free consultation, call us now at (858) 458-9500.
Getting Visitation with Your Grandchild
The first question our legal team usually gets about grandparents’ rights revolves around visitation. We are pleased to inform you that according to California law, a grandparent has the ability to ask for reasonable visitation with a grandchild. When the parents are divorced or when one parent has died, grandparents can petition for visitation as long as two guidelines are met:
- There was a preexisting relationship between the grandparent and grandchild that has “engendered a bond.” Such a bond would make it in the best interests of the child to maintain a relationship with the grandparent.
- The court must balance the best interests of the child having a relationship with his or her grandparent against the rights of the parent(s) who have decision-making ability over the child.
While these rules apply when the parents are no longer married, in general, grandparents are not able to petition for visitation rights when the parents are still married, except under specific circumstances. These exceptions include when:
- The parents have separated and are living in different households.
- One parent’s whereabouts are unknown.
- One of the parents joins with the petition.
- The grandchild has been formally adopted by a stepparent.
Getting Custody of Your Grandchild
California law makes it possible for a grandparent to petition for permanent custody of a grandchild. The grandparent is normally required to show that the child’s health, safety, and well-being are currently in danger due to the abuse or neglect of one or more parent.
The danger to the child could be due to a parent’s drug addiction, alcohol abuse, physical abuse, or other compelling reason for which an immediate remedy is needed. In such cases, the court has the ability to terminate parental rights and award custody to a grandparent.
A California family court will need to see compelling evidence that a child would be best served by visitation or custody being provided to a grandparent. Courts tend to default to protecting parental rights, and if one of your grandchild’s parents refuses to let you see him or her, you must prove that this is the wrong decision. If you are a grandparent and you believe that your grandchildren are not being properly cared for, consult an experienced family law attorney right away.
Our team has a great deal of experience in protecting the rights of San Diego grandparents. The well-being of your grandchild is too important to leave to chance. In the past, we have been able to achieve better results than many thought possible, given the difficult circumstances. Call Huguenor Mattis, A.P.C., today at (858) 458-9500 to learn more about how we may be able to help your family.