Are you a grandparent who wants to establish visitation rights with your grandchild or are you a parent who opposes a grandparent’s attempt to establish visitation rights? California allows grandparent visitation rights only in certain circumstances, depending on the family situation of the child. The following situations may apply:


The death of one parent

When one parent dies, the grandparent (the parent of the deceased parent) may petition the court to establish visitation rights.


Parents married

• Both parents oppose visitation: Generally, under California law, grandparents may

   not file for visitation rights if both parents oppose it. California presumes that in this

   scenario grandparent visitation is not in the child’s best interests (extreme and unusual

   circumstances must exist to overcome this presumption)

• One parent opposes but the other does not: The above-mentioned presumption does

   not apply if one parent joins the grandparent’s petition

• Parents living separately (for permanent or indefinite duration): Grandparent(s) may

   petition the court to establish visitation rights.

• One parent’s whereabouts unknown: Grandparent(s) may petition the court to establish

   visitation rights.

• The child does not live with either parent: Grandparent(s) may petition the court to

   establish visitation rights.

• The child has been adopted by a step-parent: Grandparent(s) may petition the court to

   establish visitation rights.


Parents not married

In paternity cases or divorce cases, the grandparent (s) may petition for visitation rights. In this situation, the courts generally require that the grandparents have a pre-existing relationship with the child and there is a significant bond that has been established.


An experienced grandparents' visitation rights attorney in Los Angeles can help

As you can see from the myriad of categories above, establishing grandparent visitation rights in California is not a straight-forward endeavor. A skilled and qualified family law attorney can help you navigate through the court process and either establish your visitation rights as a grandparent or help you fight a grandparent trying to seek such rights. Lilian is experienced in these matters and can help you get the result you desire. Contact Lilian today at (310) 920-5810 or to schedule a free, no-obligation, and confidential consultation.

Grandparents' Rights