Grandparents’ Rights

In California, there are two sets of circumstances where grandparents can petition for court-ordered visitation:

When a parent dies – children, siblings, parents, and grand[parents of the deceased all have a right to visitation if in the child’s best interests. CA FC 3102 or,

OR

Both of the following circumstances are present:

  • Preexisting bond/relationship between grandparent and child
  • At least one of the following exist:
  • Parents are divorced or
  • Parents are living separately and apart on a permanent basis
  • One spouse has been absent for over a month and the other knows not of his/her whereabouts
  • One of the parents joins in the petition with the grandparents
  • The child is not residing with either parent
  • The child has been adopted by a stepparent

# Note: when any of these conditions fail in the future, either parent may move to terminate the visitation.
* CA FC 3104

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