Grandparent Visitation

A grandparent can ask the court for reasonable visitation with a grandchild. 

To give a grandparent reasonable visitation with a grandchild, the court must find: (1) 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 (2) 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: (a) The parents are living separately; (b) A parent’s whereabouts are unknown (and have been for at least a month); (c) One of the parents joins the grandparent’s petition for visitation; (d) The child does not live with either of his or her parents; or (e) The grandchild has been adopted by a stepparent.

Under Fam C §3104, there is a rebuttable presumption that grandparent visitation is not in a child's best interest if the child's natural or adoptive parents agree that the grandparent should not have visitation rights.  However, The rebuttable presumption in Fam C §3104(e) against grandparent visitation may be overcome by a finding that the best interest of the child is supported by such visitation, even over the wishes of two fit parents. Such a finding does not violate a parent's federal or state substantive due process rights. Stuard v Stuard (2016) 244 CA4th 768, 786 (parenting prerogative is broad but not unlimited, and does not extend to denying child's best interests in preserving important and continuing relationship with grandparents to whom she was very close).