Explaining Grandparents Rights in California

Grandparents provide unconditional love, friendship, life guidance, mentorship, childcare, and much more. In most circumstances, the grandparent-grandchild relationship is beneficial, and the fortunate grandchild benefits from it for a lifetime.

With how important grandparents are, it’s understandable why guardianship and grandparents rights in California is such a hot topic.

Sadly, in some cases, life might throw a wrench in a grandparent’s connection with their grandchild. Divorce, adoption, or the loss of a parent are all common causes of this wedge or split.

CPS (Child Protective Services) may also take the grandchild away from their parents and place them in foster care due to substance abuse on the part of the parent or other issues.

Understanding Guardianship and Grandparents Rights in California

Custody refers to the guardianship of a child that the court awards to a specific person, including grandparents. Here’s a quick look at everything you need to know about guardianship and grandparents rights in California.

Grandparents have the right to ask for custody of their grandchildren under specific situations. A grandparent seeking custody rights must demonstrate that their grandchild’s best interests would be best served in their care.

Under specific situations, grandparents have visitation and other rights to their grandchildren in California. In these cases, a court may grant visiting privileges to a grandparent.

When a child’s parents are married in California, grandparents cannot generally request visiting privileges. There are only a few exceptions to this rule. They may be entitled to request visitation if the following conditions are met:

• The parents of a child live apart.
• The whereabouts of a parent had been unknown for at least a month.
• The child does not reside with either of their parents. Therefore, one of the parents agrees to the grandparents’ request.
• A stepparent has adopted the grandchild.

Understanding the Court’s Roll

You have the legal right to seek reasonable visitation from the family courts with your grandchildren under California law. For the court to grant you reasonable visitation with your grandchildren, the court must:

• Determine if you had a prior relationship with your grandchild and whether you have an “endangered link” with them now.
• This indicates you have a relationship with your child that is in jeopardy and granting you visiting rights would be in the best interests of the child.
• In terms of visitation with you, strike a balance between the kid’s best interests and the parent’s right to make decisions about their own child.

What Statues Help Grandparents?

Courts are required to evaluate custody matters in the best interests of the child under Section 3011. If a grandparent can show that gaining guardianship will best safeguard their grandchild’s welfare, health, and safety, they may be able to win custody of their grandchild.

A grandparents rights in California for visitation may be granted under Section 3100. They must demonstrate that their grandchild has a deep bond with them and that their grandchild is suffering or would suffer from not having contact with them to be given visiting privileges.

This section only applies if one of the parents is divorced, in the process of divorce, or has died. If the parents are still married, though, the grandparent can only petition the court for visitation rights if the parents are separated and living in two different homes, a parent is missing, the child involved has been adopted by a stepparent, or a parent approves of the petition and joins in on the grandparents’ behalf.

Can Court Be Avoided?

Some families may be able to address concerns about grandparents rights in California without going to court. If the child’s parents are easily discovered, mediation between you and them is a possibility. Mediation may be a good method to openly explain your wants and concerns and work toward a solution that is acceptable to everyone, as long as it is in the child’s best interests.

If mediation isn’t a possibility, that’s okay as well. We recognize that families are complicated and that certain custody and visitation matters involving grandparents cannot be handled without the involvement of the courts.

What to Know About Seeking Guardianship

As a grandparent, you might seek guardianship of your grandchild if you have been caring for them because the parents are jailed, destitute, addicted to drugs, in treatment, or otherwise unavailable.

It’s termed “guardianship” in California when a non-parent requests the court for custody of a child rather than just visiting rights because they want the child to live with them. If you’re seeking guardianship, the court proceedings will be different than if you’re seeking visitation rights. You’ll be seeking “probate guardianship” if you approach the court for guardianship of your grandchild.

In some cases, when a grandparent wants legal and physical custody of a child, the courts in California may grant them guardianship. In this situation, they would have custody of the child and the power to administer the child’s possessions, or “estate,” under guardianship.

Parents can still request appropriate contact with their children if grandparents are granted guardianship. They can also seek the court to grant them custody if they show that they are once again fully capable and willing to care for the child.

Here at WGS Law, we encourage you to call us for a virtual consultation through Zoom if you require expert legal assistance with child custody or visitation rights situations involving your grandchild. Grandparents Rights in California can be complex, but we would be delighted to assist you in any way that we can.