California law is clear that grandparents have the right to visit their grandchildren. The court may grant reasonable visitation to grandparents if a preexisting relationship formed a bond between the grandparent and the grandchild and it’s in the grandchild’s best interest.
As a grandparent, you should first try to reach an agreement with the parent(s) before filing a request with the court. If an agreement cannot be reached, then you should seriously consider court action. It is true parents have a fundamental right to parent. It’s also true children have a fundamental right to maintain healthy relationships.
What does that mean? It means the court will consider the facts of your case. Grandparents have the right to explain to the court how their continued relationship with their grandchildren are in their grandchildren’s best interests. Proving there is a bond between the grandparents and grandchildren is an essential part of the case. There are certain things the court wants to know, and evidence will need to be presented.
What does reasonable visitation mean? Reasonable visitation means grandparents’ visitation with their grandchildren cannot be so frequent that it conflicts with the parents’ right of custody or visitation. For example, visiting with your grandchildren every weekend may not be reasonable, but visiting with your grandchildren one weekend each month may be.
Grandparents can join a case the parents have filed with the court already, and under certain circumstances, can file independently if there isn’t already a case in court. For more information on your grandparent rights under California law, call the Law Offices of Borton Petrini.
Frankie Rodriguez is an attorney in the Fresno office of Borton Petrini and practices in Family Law and Immigration.
Legal Disclaimer: Nothing in this Blog is intended as specific legal advice. Borton Petrini, LLP has a number of skilled family law attorneys ready and able to assist you. If you need assistance with your family law case, it is our sincere hope that you will reach out to the lawyers at the Borton Petrini office nearest you so that we can assist you.