Can Grandparents Get Visitation?

Under California law, “a grandparent can ask the court for reasonable visitation with a grandchild.” This often comes up when a parent or both parents do not allow a grandparent to see the child after the parents are no longer together (e.g., after a divorce).

Suppose both parents are preventing you from having a relationship with your grandchildren. In that case, the family court may be able to help you get court-ordered visitation time with your grandchildren.

To petition the court for grandparent visitation orders, you must meet two criteria:

1. There was a preexisting relationship between the grandparent and grandchild. Such a bond would make it in the child’s best interests to maintain a relationship with the grandparent; and

2. The court must balance the child’s best interests having a relationship with his or her grandparent against the rights of the parent(s) who have decision-making ability over the child.

Note that if one parent allows visitation, a court would not likely grant any grandparent visitation rights because they will assume the allowing parent will give the grandparent visitation during their custodial time.

However, a grandparent can also petition for rights even when the parents are married. However, the court would most likely deny visitation rights to the grandparents except in the following circumstances:

• The parents are currently living separately and apart on a permanent or indefinite basis.

• One of the parents has been absent for more than one month without the other spouse/parent knowing the absent spouse/parent’s whereabouts.

• One of the parents joins the petition with the grandparent.

• The grandchild is not residing with either parent.

• The grandchild has been adopted by a stepparent.

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