Do Grandparents Have Visitation Rights?

When it comes to custody and visitation issues, one of the things that many people do not consider is the rights of grandparents. However, if you need a Westlake Village child custody attorney, we are here to help.

At the Law Offices of Stephanie L. Mahdavi, you can count on having a qualified and experienced team by your side. We understand the laws pertaining to custody and visitation in California and want to ensure that you are treated fairly during this process.

What Does This Mean?

When you think about child visitation and custody, you probably think about a non-custodial parent receiving visitation rights. This is often a contentious part of the divorce process. Setting up an acceptable visitation schedule can be difficult.

But what about grandparents?

Many people do not think about how a divorce will affect the child’s grandparents. For grandparents who have been active in their grandchild’s life, a divorce can leave them heartbroken. What they certainly want it to continue to be able to see their grandchild. That, however, may not be easy, especially if one parent object.

The good news is that, under California law, a grandparent can as the court for reasonable visitation with their grandchild if:

• There was a pre-existing relationship between a grandparent and the grandchild that has “engendered a bond.”
• A balance of the interests of the child in having vitiation with the grandparent with the rights of the parents to make decisions about the child can be met.

In most cases, grandparents cannot file for visitation rights while parents are married, unless:

• The parents are living separately
• One parent is missing and has been for at least a month
• One of the parents joins the grandparent’s petition for visitation
• The child does not live with either parent
• The child has been adopted by a stepparent

How To Get Visitation

It is always recommended that parents and grandparents attempt to resolve their differences out of court first. You could consider using a mediator to openly discuss the issues at hand in order to reach an agreement that is acceptable by all parties.

If that does not work, a grandparent must file a petition in the court. If there is already a family law case in progress between the parents (because of a divorce or custody case), then the grandparent could ask for visitation rights as part of that case.

If there is no current case, the grandparent will have to start one from scratch.

How We Can Help

In a divorce or separation, so many people see their lives rearranged. This includes grandparents. They want to be in the lives of their grandchildren, and they have rights. At the Law Offices of Stephanie L. Mahdavi, you can count on having a compassionate and dedicated team by your side.

Visitation issues are not easy to deal with, especially if one party objects to your wishes. If you need a Westlake Village child custody attorney, you can contact us for a consultation by calling at 805-379-4550.