Practice Area

Grandparents Visitation

Grandparents Visitation

According to California Family Code sections 3100 through 3105, a grandparent can ask the court for reasonable visitation with a grandchild.
There is a twofold test grandparent must pass with the court to get reasonable visitation with a grandchild.

First, the Court must 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. This requires two things: evidence that is admissible in Court to prove the bond, and quick action once your access to the grandchild has been cut off.

Second, after the Court finds that there is a bond between the grandchild and the grandparent(s), the Court must undertake to 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. Merely because a parent object does not mean grandparent visitation will be denied.

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