Family relationships can become complicated—especially after divorce, separation, or other disputes. One question many families face is: What rights do grandparents have when it comes to seeing their grandchildren?
At Law Office of Michael L. Fell, we often hear from concerned grandparents who fear losing contact with their grandkids because of family conflict or strained parental relationships. We also help parents understand their own rights when grandparents seek court-ordered visitation.
California law recognizes that in many cases, children benefit from strong, loving relationships with grandparents. But these rights aren’t automatic. Let’s explore when and how California courts grant grandparents’ visitation, and why having an experienced family law attorney matters.
Do Grandparents Have Automatic Visitation Rights?
Unlike parents, grandparents don’t have an automatic legal right to see their grandchildren. California’s Constitution and family law strongly favor parental authority in raising children, which includes deciding who they spend time with.
However, the law does allow grandparents to petition the court for visitation in specific circumstances—especially if a judge finds that visitation is in the child’s best interest.
When Can Grandparents Petition for Visitation?
California courts allow grandparents to request visitation when there is already an existing legal case, such as:
- Divorce or legal separation proceedings between the child’s parents.
- One parent has passed away.
- One parent’s whereabouts are unknown.
- The parents are unmarried and not living together.
In intact families (where parents are still married and living together), it’s much harder for grandparents to get court-ordered visitation, though there are narrow exceptions such as situations where one parent supports the request but the other does not.
What Does the Court Consider?
Courts balance two important principles:
- Parents’ rights to make decisions about their children.
- The best interests of the child.
To grant visitation to grandparents, a California court generally must find:
- Pre-existing bond: There’s a pre-existing relationship that has created a meaningful bond between grandparent and grandchild.
- Best interest: Visitation is in the best interest of the child.
- Balancing test: The benefit of visitation to the child outweighs the parents’ objection.
The court is not interested in simply refereeing family disagreements. Instead, it focuses on the child’s welfare, stability, and emotional needs.
How Can Grandparents Strengthen Their Case?
If you’re a grandparent considering petitioning for visitation, it helps to prepare:
- Document your history of involvement in the child’s life (babysitting, school events, vacations).
- Demonstrate consistent, loving, and stable contact.
- Show that denying visitation would harm the child emotionally or developmentally.
Courts are more likely to grant visitation when they see evidence of a meaningful, beneficial relationship.
What About Custody?
In rare cases, grandparents can petition for custody (not just visitation), typically when both parents are unable or unfit to care for the child—for example, due to abuse, neglect, incarceration, or death.
Custody decisions prioritize the child’s safety and stability. Grandparents often step in as guardians when it’s the best or only option to provide a safe home.
Why Work with a Family Law Attorney?
Grandparents’ rights cases can be sensitive and complex. They often involve strained family dynamics, emotional testimony, and detailed legal arguments about the child’s best interest.
An experienced family law attorney can help you:
- Understand your rights and realistic options.
- Gather strong evidence of your relationship with the child.
- File petitions correctly and meet all legal requirements.
- Advocate effectively in mediation or court hearings.
At Law Office of Michael L. Fell, we’re dedicated to protecting children’s well-being while respecting family rights. We represent both grandparents seeking visitation and parents responding to these requests.
If you’re a grandparent worried about losing contact with a grandchild—or a parent facing a visitation request—call Law Office of Michael L. Fell at 949-585-9055 today. Let’s talk about your situation and how we can help you find the best path forward for your family.