How Do Grandparent’s Rights Work in California?

Visiting with grandchildren is a joy for most grandparents. But how can you see your grandkids when their parents aren’t willing to share custody or visitation?

Grandparent’s rights are complicated, but we’ll break down the basics of how grandparent’s rights work in California so that you know what your rights are when it comes to seeing your grandchildren. If you have further questions, contact The Law Office of Laurence J. Brock for guidance.

Basic Facts About Grandparent’s Rights

Grandparent’s rights can be complex, especially because they’re not as clearcut as parental visitation rights. They’re instead based on what the court thinks is best for the child. 

In California, this means that grandparents can seek visitation rights or custody if the child would benefit from time with their grandparents or would suffer if living with their parents. If it’s safer for everyone involved when grandparents have custody of their grandchild than when someone else has custody. 

If you’re struggling to get the time you’re due with your grandchildren, talk to your lawyer about your rights as a grandparent. They can help you seek out the time you’re due with your grandchildren, even if you’re on difficult terms with your children. 

Seeking Visitation Rights

If you’re not on good terms with the custodial parent during a divorce, you may have a difficult time getting opportunities to see your grandchildren. A divorce complicates family relationships, and the parents with physical custody of the children may refuse to give you visitation time. 

When this happens, you and your lawyer can request the visitation time you’re due in court. The judge will look at factors such as the following:

• How much time does the child spend with the grandparents?
• Does the child have a high-quality relationship with his or her grandparents?
• Are the grandparents involved in important activities, like school events?
• Is there any evidence of harm from not having contact with the grandparents, such as would be the case with abusive parents? 

If your grandchildren live with you most of the time, find out if you can claim legal guardianship over them instead of going through court proceedings. Your lawyer can seek out the rights you deserve to see and spend time with your grandchildren. 

Appealing the Court’s Decision

If you are unhappy with the court’s ruling regarding visitation or custody rights, you can attempt to appeal the decision. However, this does not guarantee that an appeal will result in a change in the order. 

If a grandparent does decide to pursue an appeal of a custody or visitation order from family courts in California, they must file a notice of appeal within thirty days of receiving notice of the court’s decision.

Get Help Retaining Your Rights

Visitation can be complicated, but if you’re willing to work closely with your grandchild’s parents, there’s a good chance that you’ll be able to see your grandchild more often. 

Call The Law Office of Laurence J. Brock by calling 909-466-7661 or contact us through our online form if you have further questions or if you are interested in learning more about how grandparent’s rights work in California.