Do grandparents have rights in California?
That depends on whether the parents are married and whether a strong
bond exists between the grandchildren and the grandparent. Pursuant to
California Family Code Section 3103, “The court may grant reasonable
visitation to a grandparent of a minor child of a party to the
proceeding if the court determines that visitation by the grandparents
is in the best interest of the child," but The court needs to balance
the child's best interest in having visitation with a grandparent with
the right of a parent to choose with whom the children will visit. It
is best for a grandparent to keep the lines of communication open with
parents and obtain permission from one or both parents. If court
intervention is required then a grandparent will need to do the
following: ________
Are Parents Married? If the parents are married and living together
you are best served trying to obtain permission to visit as a Petition
will most likely not be granted over both parents objection. If you can answer yes to these questions, you can file a petition for grandparent visitation with your local family court. ________ Are Parents separated and one parent has been absent from the child's life for 30 days? ________ Will one parent join in your petition for grandparent visitation? ________ Is there a strong bond between you and the grandchildren?
PROCESS: 1. Go to www.occourts.org to obtain the forms needed or you may go to the Self help center on the first floor of the Family Court 2. You will need to file form L-0373 - Petition for Grandparents Visitation 3. The grandparent needs to notify the parents, stepparent, or any person who has physical custody that he or she is filing a Petition for visitation 4. The notification needs to be by certified mail, return receipt requested with postage prepaid, sent to the last known address of the parent, stepparent or any person with physical custody or to any attorney of record. 5. Present evidence or testimony to
rebut the rebuttable presumption that affects the burden of proof that
grandparent visitation is not in the children’s best interest, if the
child’s parents are in agreement that the grandparent should not have
visitation with the children. 6. You will need to explain to the court why visitation with you is in the children's best interests
