• California - Grandparents Visitation Rights

    Although grandparents in California may not file specifically for visitation rights if a grandchild's parents are legally and lawfully married, there are specific legal family conditions which must be met in order to be able to file.

    Some of these conditions include that parents be living separately, one of the parent's has unknown location for 1 or more months, or the grandchild is in a situation where they have been adopted of a stepparent. One additional condition which would allow visitation rights to be petitioned would be if the child does not live with either parent.

    Additionally, a grandparent can petition visitation rights where they have been joined into a petition filed by one of the parents.
    Visitation rights generally will be based upon pre-existing relationships between the grandparents and the child. The California courts naturally also balance the child's best interests very carefully with the rights of parents' rights and legal authority to make decisions regarding their child or children.California changed family laws in 2007 such that they were amended to retain grandparents' rights in situations where a grandchild is adopted by a stepparent.
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