Hoover Krepelka, LLP - Lawyer

Board Certified Family Law Specialists Serving Northern California

Grandparents may have a right to visitation in California

Grandparents are often worried that their grandchildren won't see them often after a divorce. This is a fair concern, especially if there are disputes between the children's parents or families.

The good news is that the courts in California recognize a grandparent's role in a child's life. Under California's laws, grandparents are able to seek reasonable visitation rights with their grandchildren. To be able to award those rights, the court needs to see that

  • The grandchild and grandparent have a preexisting bond and relationship. This would mean that it is in the best interests of the child for the grandparent to remain in their life.
  • Awarding visitation rights to the grandparents is balanced with the best interests of the child and the parents' rights to make decisions for their children.

Usually, grandparents can't seek visitation if the grandchild's parents are still married, but there are exceptions. For instance, if your child and their husband or wife are separated, then you may be able to seek visitation with your grandchild or grandchildren.

There are also exceptions in cases where:

  • One parent's location is not known
  • The child doesn't live with either parent
  • The grandchild has been adopted by a stepparent
  • One parent joins the grandparent in petitioning for visitation

If your situation falls into one of these exceptions, then your attorney may be able to help you obtain visitation rights. Our site has more on grandparents' visitation rights and what you need to know about seeking visitation with your grandchildren if their parents decide to get a divorce or live separately.

No Comments

Leave a comment
Comment Information
  • Top 10 | Family Law Attorney | 2019
  • Avvo Clients' Choice Award
  • National Association of Distinguished Counsel nation's top one percent NADC
  • Expertise Best Child Support Lawyers in San Jose 2018
  • American Institute of Family Law Attorneys
  • State Bar Of California California Board Of Legal Specialization
  • Esteemed Lawyers ELOA
  • 10 Best 2017 Attorney Client Satisfaction American Institute of Family Law Attorneys
  • Lawyers Of Distinction
  • BBB | Accredited Business
Email Us For a Response

Learn Your Legal Options

Bold labels are required.

Contact Information

Contact Preferences

How would you like to be contacted?This field is required.

Check all that apply.

disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Hoover Krepelka, LLP - Lawyer

1570 The Alameda, Suite 101
San Jose, CA 95126

Phone: 408-922-9826
Fax: 408-947-7603
San Jose Law Office Map

We speak Russian and Mandarin.