Can Grandparents Sue for Visitation Rights?

You can not overstate the importance of the grandparent-grandchild bond. While siblings, parents, and cousins may be a part of this essential tapestry, there is something uniquely special about grandparents and grandchildren coming together. Grandparents have their own brand of unconditional love that they impart to the youngest generations—one full of shared experience and advice; one loaded with history and tradition. Can Grandparents Sue for Visitation Rights?

Unfortunately, many grandparents are barred from forming healthy relationships due to a variety of factors. Thankfully, in the state of California, there is protection under the law for grandparent visitation rights, but some restrictions are still in place.

Here’s what you need to know if you’re considering suing for visitation rights in California.

An Established Bond with Grandparents

In California, grandparents must prove that they have a close and loving relationship with their grandchild in order to have the legal right to petition the courts for visitation rights. It is not enough to just prove that the grandparent was caring towards the child, as it must be shown that the two were formerly involved in a meaningful relationship and understand each other’s feelings.

Grandparents who can prove this stand a good chance of being granted visitation rights. Active involvement from both sides will help ensure the grandparent-grandchild relationship is worth preserving.

The Child’s Best Interest

When the court is making decisions concerning grandparent visitation rights, their priority is always the child’s best interests. This means they only grant these rights when they are confident that it won’t negatively affect the upbringing of the child. The court will balance the grandparents’ rights against the rights of the parent to make decisions regarding their children.

The Parents’ Marital Status

Typically, the grandparents can’t sue for visitation rights if the child’s parents are married. However, there are exceptions to this rule, such as:

• The parents do not live together
• The child doesn’t live with either parent
• One parent is in prison
• The whereabouts of a parent have been unknown for at least 30 days
• One of the parents has joined a grandparent’s petition for visitation
• A step-parent has adopted the child

Furthermore, a grandparent may petition for visitation if the parents are not married.

Are You Considering Petitioning the Court for Visitation?

A strong relationship between a grandparent and a grandchild is invaluable for both generations. However, navigating the laws surrounding grandparent visitation rights in California can be confusing and complicated. Generally, this requires filing appropriate forms and identifying various factors that establish why such rights would be beneficial to the children. Our attorneys at Lonich Patton Ehrlich Policastri can assist you with petitioning the court and establishing a case for grandparent visitation.

We have years of practicing family law in San Jose and the greater Bay Area and understand the importance of family bonds. Contact us for a free 30-minute consultation by filling out our online form here or calling us at 408-553-0801. We will review your case and help you protect your rights as a grandparent.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.