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More and more grandparents are being asked to play a role in
supporting their children and grandchildren. The rising rate
of divorce and separation as well as social problems like
drug addiction and alcoholism have literally orphaned many
children. Grandparents have stepped in to help fill this
void and to provide much needed care and nurturing for their
grandchildren. Did You Know? Of the 69.3 million children
in the U.S. in 1990, 5 percent (3.2 million) were living in
their grandparents' home. Of these 3.2 million, almost 1
million (935,000) were being cared for solely by a
grandparent, with no parent present.
Grandparents’ rights are an emerging issue in family law
throughout the United States and in the State of California.
The main issue is the question of what legal rights
grandparents' have to visit their grandchildren following a
divorce or separation. The California Family Code permits
grandparents to litigate visitation rights when parents
divorce even on the objections of both parents. It also
permits the litigation of collateral issues arising from the
existence of grandparents' visitation rights, including
using such rights as a "factor" to order a change of
residence of the child or providing for the resolution of
additional child support
issues relating to the grandparents' visits.
Under California Family Law a grandparent can request
reasonable visitation rights
in dissolution, separation, or nullity proceedings involving
the parents of the minor child. In order to get visitation
rights grandparents must file a petition during the
proceedings described above. In addition, the law requires
that a grandparent who requests visitation must participate
in mediation proceedings. This is a process where a mediator
tries to work out a visitation agreement that satisfies all
parties and takes as its primary consideration the best
interests of the child.
When seeking visitation, a third party must show reasons
to overcome the parent's prima facie right to uninterrupted
custody. However, the reasons need not be so convincing as
in a custody case. In a custody case, the third party must
convince the court that it is in the child's best interest
to take custody from a parent and award it to a third party.
In a visitation case, the third party need only convince the
court that it is in the child's best interest to give some
time to the third party. As the amount of time requested
moves the visit further from a visit and closer to custody,
the reasons offered in support of the request must become
correspondingly more convincing.
If you are a grandparent that is being denied visitation
rights with your grandchild, please speak with our attorneys
today. Our California family law attorneys frequently handle
cases of third party custody and visitation. Please
contact us online or call 714-835-4444.
Related Information
Visitation Rights
Step-Parent Rights |
