Grandparents’ Rights in California: Seeking Visitation and Custody in Irvine
Being cut off from your grandchildren hurts. It’s a mix of sadness, worry for them, and maybe even frustration or confusion about how things got to this point. You’ve shared holidays, comforted scraped knees, and simply enjoyed being together. That relationship is real, and it matters, not just to you, but often to your grandchild as well.
If you’re a grandparent in Irvine or anywhere in California, you do not have automatic visitation rights. However, that doesn’t mean you have no rights at all. While parents generally have the primary say in raising their kids, California law does recognize that grandparents can play a vital role. There are specific situations where you can ask the court for the right to see or even care for your grandchildren. This path has its own set of rules, but knowing what they are is the first step.
If you’re wrestling with these issues and need guidance, our Irvine family law attorneys have years of experience helping grandparents just like you. At RM Law Group LLP, we can protect your grandparents’ rights so you can continue to build long-lasting and loving relationships with your grandchildren for years to come.
When Can Grandparents Ask for Visitation?
California law understands that a grandparent-grandchild relationship can be special. However, it doesn’t automatically give grandparents the right to demand visits whenever they want. Parents have a fundamental right to raise their children and make decisions about who is involved in their lives. This is a big deal in the eyes of the court.
But there are times when the court may step in. Under California Family Code section 3104, a grandparent can ask the court for reasonable visitation rights if certain things are true. This usually happens when the family structure isn’t “intact” in the traditional sense.
According to California law, the court may grant reasonable visitation rights to a grandparent if it finds that both of the following are true:
- “A preexisting relationship between he grandparent and the grandchild has engendered a bond such that visitation is in the best interest of the child.”
- “Balances the interest of the child in having visitation with the grandparent against the rights of the parents to exercise their parental authority.”
What does this mean? Essentially, it means that for a court to allow grandparent visits at all, you need a bond with the child that’s good for them and won’t deter from the parent’s rights.
If the parents are married and living together, it’s much harder to get court-ordered visitation. The law generally trusts that married parents living together are making decisions that are in their child’s best interest, including whether or not to allow grandparent visits. It’s much harder to get court-ordered visitation in that situation.
If the parents are married, there are special situations where a grandparent can ask the court for visitation. The law lists exactly what those special situations are:
- “The parents are currently living separately and apart on a permanent or indefinite basis.”
- “One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.”
- “One of the parents joins in the petition with the grandparents.”
- “The child is not residing with either parent.”
- “The child has been adopted by a stepparent.”
- “One of the parents is incarcerated or involuntarily institutionalized.”
As you can see, these rules are detailed and can be difficult to sort through on your own. That’s why it is so important to speak with an experienced attorney to give you the best chance of success.
Seeking Custody as a Grandparent
Asking for custody of your grandchild is a much bigger step than asking for visitation. To get custody over a parent’s objection in California, you typically need to show that placing the child with the parent would be harmful to the child and that giving you custody is necessary for the child’s well-being. California Family Code section 3041 says that before a court can give custody to someone other than a parent, it must find that giving custody to the parent would be “detrimental” to the child and that giving custody to the nonparent (like a grandparent) is required to serve the child’s best interest.
What does “detrimental” mean? It doesn’t always mean the parent is a terrible person, but it often involves serious issues like:
- Parental substance abuse or addiction that puts the child at risk.
- Neglect or abuse of the child.
- A parent being incarcerated or otherwise unable to care for the child for a significant time.
- Significant mental health issues that prevent a parent from providing proper care.
- Abandonment of the child.
If you’re already caring for your grandchild because the parents are unable to, you might seek a guardianship. This is a legal process where the court appoints someone who is not a parent to care for a child. A guardianship gives you legal status to enroll the child in school, get medical care, and make other important decisions. This is often a necessary step if the child is living with you long-term and the parents aren’t actively involved or capable.
Contact Our Irvine Family Lawyers Today
Facing the possibility of losing touch with your grandchildren or worrying about their safety is incredibly difficult. It’s okay to feel uncertain and to have questions.
If you’re in Irvine or elsewhere in California and considering seeking visitation or custody, talking to someone who understands these laws can make a real difference. Call RM Law Group, LLP today at 866-706-3160, fill out our confidential contact form, or visit our Irvine office to take the first step. We can help you understand your options and figure out the best path forward for you and your grandchildren.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
