Grandparents Rights in Divorce
It is not an topic often brought up when couples are going through a divorce, but in many cases grandparents do play a role in the divorce and also hae rights. There are many situations where child custody or visitation has been awarded to the grandparents of a child. Any individual that is not the natural parent for the child may petition for custody if that individual has taken physical care of the child, 18 and under, for at least 6 months. The petition MUST be filed within 6 months after physical care has ceased.
The team at A Fair Way Mediation can walk you through the process of fighting for visitation rights as a grandparent.
Please fill out our "Start Evaluation" form or give us a call!
You are no doubt doing research on this, we have pulled the following information directly from the California Courts to help you: (NOTE, if you need a physical person to speak to we are available!)
Grandparent Rights and California Law
“If you are a grandparent and want information about visitation with your grandchildren, there are many resources that can help you learn about your options and understand your rights as a grandparent.
Under California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to:
Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild.
AND
Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.
In general, grandparents cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, like:
The parents are living separately;
A parent’s whereabouts are unknown (and have been for at least a month);
One of the parents joins the grandparent’s petition for visitation;
The child does not live with either of his or her parents; or
The grandchild has been adopted by a stepparent.
If a grandparent has visitation through the courts, and things change and none of these exceptions apply any more, one or both parents can ask the court to end the grandparent’s visitation and the court must then end the grandparent’s visitation rights at that time.” (QUICK LINK)
How Courts Decide Whether to Grant Grandparents Visitation
Grandparents must first file for visitation rights and serve a copy of the petition to each of the child's parents, step parents, or any other individual who has physical custody of the child. Courts will send all grandparents visitation case to mediation. If the parents and grandparents can't settle the issue through mediation, the mediator will notify the court which will then set the case for a hearing.
A judge deciding a grandparents visitation case will begin with the presumption that grandparent visitation shouldn't be allowed if both parents, or even 1 parent with sole custody, agrees that the grandparent shouldn't have visitation rights. It is on the grandparents to prove to the judge that visitation is in the child's best interests.
If you need help or would like to set up an appoint, please fill out our "Start Evaluation" form or call us today!
