Child Custody Laws for Grandparents in California
Grandparents often play a significant role in the upbringing of their grandchildren. Studies have indicated that grandparents can profoundly affect key aspects of a child’s development. In some cases, grandparents are responsible for raising their grandchildren. According to a 2021 report, of the millions of grandparents living with their grandchildren, roughly 32% were primarily responsible for their care.
That said, it is essential to understand grandparents’ legal rights concerning child custody and visitation. This blog discusses child custody laws for grandparents in California and how grandparents can work within the family courts to protect their grandchildren’s best interests.
Can a Grandparent Receive Child Custody in California?
Grandparents do not have automatic rights to custody or visitation in California. However, a court may award child custody to a grandparent if it is in the best interests of the child and the court deems the grandparent to be the best person to have custody of them.
To gain custody of their grandchild, a grandparent must petition the court and prove the parents are unfit.
Examples of reasons why a grandparent may seek custody include, but are not limited to:
- A child’s parents are incarcerated or deceased.
- A parent is unfit to care for a child because of a substance abuse problem.
- A child is being neglected or abused by their parents.
- The parents have abandoned the child.
- A parent is unable to care for a child because of their mental health.
- A parent cannot care for a child because of their financial instability.
Parents can challenge a grandparent’s petition for custody. However, if a grandparent provides compelling evidence proving that the child’s emotional and/or physical welfare is at risk if they remain with the parent, the court may grant them custody.
The court must determine that the child is at risk of harm in their current situation and that the grandparents are both willing and able to provide care. If the court grants custody to the grandparents, it may also order the parents to pay child support to them.
How Can a Grandparent Seek Visitation with a Grandchild in California?
Grandparents can petition the court for visitation with grandchildren. However, they must demonstrate the following before the court considers granting visitation over a parent’s objection:
- There was a preexisting relationship between the grandparent and the grandchild that resulted in a bond that would make seeing the grandparent beneficial for the grandchild.
- Allowing the grandchild to spend time with the grandparent is in the child’s best interests; and,
- The interest of the child in having visitation with the grandparent is balanced with the exercise of parental authority.
There are limitations on when a grandparent can petition for visitation rights. Typically, grandparents cannot petition for visitation with a grandchild if the child’s parents are still married. There are exceptions, including:
- The child’s parents are separated.
- The child does not live with either parent.
- A parent has been incarcerated or involuntarily institutionalized.
- The location of one parent is unknown.
- A stepparent has adopted the grandchild.
- One of the parents supports the grandparent’s petition for visitation.
Courts must balance the rights of parents with maintaining a pre-existing relationship between a grandchild and a grandparent. The more proof the grandparent has of the bond between them and their grandchild, the better their chance of obtaining visitation rights. In some cases, grandparents may hire experts to testify about the harm the child will experience if the bond between the child and grandparent is severed.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
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Los Angeles, CA 90013
(213) 277-2586
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Beverly Hills, CA 90212
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