Do grandparents have a right to visitation with their grandchildren?
/Experienced bay area family law attorneys will tell their clients that, yes, Grandparents may petition for visitation with their grandchildren in the following situations:
· A parent is deceased (Fam C §3102);
· A dissolution or other family law proceeding is pending in which child custody is already at issue (Fam C §3103);
· The parents are not married to one another, including after a marital dissolution (see Fam C §3104(b); Marriage of Harris (2004) 34 C4th 210, 211);
· The parents are married but are living separately and apart on a permanent or indefinite basis, and meet other statutory criteria (Fam C §3104(b)); or
· The child has been adopted by a stepparent (Fam C §3104(b)(5); Finberg v Manset (2014) 223 CA4th 529, 532).
A court has authority to grant “reasonable visitation” to grandparents in dissolution, nullity, or legal separation proceedings. Fam C §3101. In addition, if either natural parent is deceased or incarcerated, the court may grant reasonable visitation of a minor child not only to the parents and grandparents of the deceased parent, but also to any children or siblings of the deceased parent. Fam C §3102.
If you are Grandparent and are looking to ask the Court for visitation, you have two options when it comes to asserting a right to contact with a child: (1) Either a guardianship proceeding must be initiated, or (2) the grandparent must assert a claim either by filing a separate petition initiating a family law action or by seeking an order in an existing action under Fam C §3021. See Fam C §3103. For (2), you should speak to a lawyer regarding the Joinder procedures.
The judgment of the natural parents will control the grandparent’s contact in most cases, and any contact must still be deemed in the child’s “best interest.” Fam C §3104(a)(1). The family court may make no more than a visitation order between the child and the grandparents. However, in light of the effect this may have on the custody proceeding, the grandparents may also be ordered to pay child support as well as medical and daycare expenses for the child. Fam C §3103(g)(2).
You can contact me at Amanda@gordonfamilylaw.com for more information.