Visitation rights of grandparents in accordance with the law of California

Unfortunately, many parents and their adult children, children's spouses, significant others or domestic partners have a strained relationship. This fact of life is further enhanced when the grandchildren are involved, and parents are trying to deny grandparents in a relationship with her grandson or grandchildren.

California sought to solve these common problems the adoption of the Family Code, Sections 3102-3104. However, even under these statutes, there are limitations to the grandmother and grandfather rights to visit their grandchildren. Below we consider the current state of the rights of grandparents in accordance with the law of California.

A. RIGHT GRANDPARENTAV whose decisions RADACHAM FATHER MAYCHAYNAY action for the child:

1. Family Code, Section 3102 states that: "If one of the parents of a minor child has died, parents reasonable visits with the child during the child's minority can be given to a deceased father in the derivation of that visitation would be in the interests of a minor child …"

2. CAVEAT: Even if after the death of the father of a minor child and the court, which entitles you to visit the grandparents, when the surviving father re-marries, and the new husband / wife adopts a minor child, the right of grandparents to continue visiting with grandchildren or grandchildren They can and will be terminated when both parents and adoptive parents do not want grandparents continued to visit.


1. Family Code section 3104 provides that an application to establish visitation rights of grandparents can not be filed if the natural or adoptive parents are married, but one or more of the following circumstances:

a) The parents are now living separate and apart on a permanent or indefinite basis; OR

b) One of the parents was no more than one month, without any of the other spouse, where it is located.

c) One of the parents joins the petition with his grandparents; OR

d) a minor child does not reside in any of the parents; OR

e) The child has been adopted by his stepfather.

2. If any of the five (5) there are exceptions, the grandparents may apply to establish visitation rights of grandparents.

3. The application and grandparents must be submitted to each of the parents of a minor child, any step-father and the grandson of any person who physically protects grandchildren by personal service.

4. CAVEAT # 1: Even if the conditions that initially allow the Court to grant the application of the visits of grandparents, when parents grandson still married, should at any time thereafter cease to exist qualifying conditions, parent or grandchild's parents may move the Court to terminate visits grandparents, and the court SELL PRYMECHANNE (Family Code, 3104 (b)).

5. Support number 2: If the parents of two or adoptive parents agree that the grandparents can not attend a grandson / grandchildren, there is a "refutes the assumption" that a visit to the grandparents are not in the interest of the minor child (Family Code 3104 (e)).


1. Family Code section 3103 provides: ".. in the process described in section 3021 (eg, divorce, invalidation of marriage, legal separation), the court may give a reasonable visiting the grandparents of the minor child's party the proceedings, if the court determine that a visit to the interests of the child and grandparents. "

2. Notification of the application and grandparents of Rights to visit PADALOZHA be provided by certified mail, a request to return the application to each of the parents grandson any stepfather and any person who has physical custody of the child.

3. The court may grant reasonable grandparents visitation rights if the court with the following:

a) finds that there are tentative relationship between grandparents and grandchildren, who created such a connection that the visit is in the interests of the child;

b) balances the interests of the child when visiting grandparents against the rights of parents to exercise parental authority.

4. The support number 1: If the parents of a minor child WHERE agree that grandparents should not be granted visitation rights, created defeats the presumption that acts on the burden of proof that a visit to the grandparents are not in the interest of the minor child (family code 3103 (d)).

5. CAVEAT number 2: If one of the parents in case of divorce, legal separation or invalidation SOLE was granted legal and physical custody of the minor child / children, and when his father objected to visit the grandparents, it also creates a refutable presumption that It affects the burden of proof that a visit to grandparents does not correspond to the interests of the minor child (Family code 3104 (e)).