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Can Grandparents Secure Visitation Rights?

grandparents, divorce

It’s not just the parents who can gain legal visitation rights to see children of divorce. Here in California, grandparents can also obtain legal rights to continue a relationship with their grandchildren.

In this issue, the San Diego men’s divorce attorneys with the Men’s Legal Center will explain.

Does a grandparent have the legal right to visitation with their grandchild?

While the legal right for visitation is not automatic, California law says that grandparents can obtain visitation rights from the court, depending upon certain conditions.

Those conditions include:

  1. The proof that a continued relationship between the grandparent and grandchild will be in the best interest of the child, and
  2. The grandparent’s visitation rights will not interfere with the parent’s ability to make the best decisions for their child.

Is permission from the court required for grandparent visitation rights?

No; parents have the legal right to grant visitation rights to a child’s grandparents without a court order. In fact, if there are issues that make one or both parents uneasy about granting either grandparent visitation rights, the court recommends trying to resolve the concerns through mediation first in order to reach an agreement.

What’s the process for a grandparent asking for visitation?

The process can be a bit tricky because there aren’t any official forms for grandparent visitation in California. However, a grandparent can file a petition in court or piggyback on an existing petition between the child’s parents, such as a divorce petition, a restraining order situation, child support petition, etc.

If you’re a man facing divorce, call the San Diego men’s divorce lawyers at the Men’s Legal Center.

We love families, and understand the often-important role grandparents play in the lives of their grandchildren. Because it can be confusing on how to proceed in securing visitation rights for grandparents, it’s definitely in your best interest to rely upon the expertise of a skilled men’s divorce lawyer to guide you through the process.

You can reach us at 619-234-3838 or via email.