What are Grandparent Visitation Rights in California?
Full Question:
Answer:
The matter is one of subjective determination for the court based on all the facts and circumstances involved. The best interests of the child is the overriding factor in the decision.
Please see the following CA statutes to determine applicability:
3102. (a) If either parent of an unemancipated minor child is
deceased, the children, siblings, parents, and grandparents of the
deceased parent may be granted reasonable visitation with the child
during the child's minority upon a finding that the visitation would
be in the best interest of the minor child.
(b) In granting visitation pursuant to this section to a person
other than a grandparent of the child, the court shall consider the
amount of personal contact between the person and the child before
the application for the visitation order.
(c) This section does not apply if the child has been adopted by a
person other than a stepparent or grandparent of the child. Any
visitation rights granted pursuant to this section before the
adoption of the child automatically terminate if the child is adopted
by a person other than a stepparent or grandparent of the child.
3103. (a) Notwithstanding any other provision of law, in a
proceeding described in Section 3021, the court may grant reasonable
visitation to a grandparent of a minor child of a party to the
proceeding if the court determines that visitation by the grandparent
is in the best interest of the child.
(b) If a protective order as defined in Section 6218 has been
directed to the grandparent during the pendency of the proceeding,
the court shall consider whether the best interest of the child
requires that visitation by the grandparent be denied.
(c) The petitioner shall give notice of the petition to each of
the parents of the child, any stepparent, and any person who has
physical custody of the child, by certified mail, return receipt
requested, postage prepaid, to the person's last known address, or to
the attorneys of record of the parties to the proceeding.
(d) There is a rebuttable presumption affecting the burden of
proof that the visitation of a grandparent is not in the best
interest of a minor child if the child's parents agree that the
grandparent should not be granted visitation rights.
(e) Visitation rights may not be ordered under this section if
that would conflict with a right of custody or visitation of a birth
parent who is not a party to the proceeding.
(f) Visitation ordered pursuant to this section shall not create a
basis for or against a change of residence of the child, but shall
be one of the factors for the court to consider in ordering a change
of residence.
(g) When a court orders grandparental visitation pursuant to this
section, the court in its discretion may, based upon the relevant
circumstances of the case:
(1) Allocate the percentage of grandparental visitation between
the parents for purposes of the calculation of child support pursuant
to the statewide uniform guideline (Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9).
(2) Notwithstanding Sections 3930 and 3951, order a parent or
grandparent to pay to the other, an amount for the support of the
child or grandchild. For purposes of this paragraph, "support" means
costs related to visitation such as any of the following:
(A) Transportation.
(B) Provision of basic expenses for the child or grandchild, such
as medical expenses, day care costs, and other necessities.
(h) As used in this section, "birth parent" means "birth parent"
as defined in Section 8512.
3104. (a) On petition to the court by a grandparent of a minor
child, the court may grant reasonable visitation rights to the
grandparent if the court does both of the following:
(1) Finds that there is a preexisting relationship between the
grandparent and the grandchild that has engendered a bond such that
visitation is in the best interest of the child.
(2) Balances the interest of the child in having visitation with
the grandparent against the right of the parents to exercise their
parental authority.
(b) A petition for visitation under this section may not be filed
while the natural or adoptive parents are married, unless one or more
of the following circumstances exist:
(1) The parents are currently living separately and apart on a
permanent or indefinite basis.
(2) One of the parents has been absent for more than one month
without the other spouse knowing the whereabouts of the absent
spouse.
(3) One of the parents joins in the petition with the
grandparents.
(4) The child is not residing with either parent.
(5) The child has been adopted by a stepparent.
At any time that a change of circumstances occurs such that none
of these circumstances exist, the parent or parents may move the
court to terminate grandparental visitation and the court shall grant
the termination.
(c) The petitioner shall give notice of the petition to each of
the parents of the child, any stepparent, and any person who has
physical custody of the child, by personal service pursuant to
Section 415.10 of the Code of Civil Procedure.
(d) If a protective order as defined in Section 6218 has been
directed to the grandparent during the pendency of the proceeding,
the court shall consider whether the best interest of the child
requires that any visitation by that grandparent should be denied.
(e) There is a rebuttable presumption that the visitation of a
grandparent is not in the best interest of a minor child if the
natural or adoptive parents agree that the grandparent should not be
granted visitation rights.
(f) There is a rebuttable presumption affecting the burden of
proof that the visitation of a grandparent is not in the best
interest of a minor child if the parent who has been awarded sole
legal and physical custody of the child in another proceeding, or the
parent with whom the child resides if there is currently no
operative custody order objects to visitation by the grandparent.
(g) Visitation rights may not be ordered under this section if
that would conflict with a right of custody or visitation of a birth
parent who is not a party to the proceeding.
(h) Visitation ordered pursuant to this section shall not create a
basis for or against a change of residence of the child, but shall
be one of the factors for the court to consider in ordering a change
of residence.
(i) When a court orders grandparental visitation pursuant to this
section, the court in its discretion may, based upon the relevant
circumstances of the case:
(1) Allocate the percentage of grandparental visitation between
the parents for purposes of the calculation of child support pursuant
to the statewide uniform guideline (Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9).
(2) Notwithstanding Sections 3930 and 3951, order a parent or
grandparent to pay to the other, an amount for the support of the
child or grandchild. For purposes of this paragraph, "support" means
costs related to visitation such as any of the following:
(A) Transportation.
(B) Provision of basic expenses for the child or grandchild, such
as medical expenses, day care costs, and other necessities.
(j) As used in this section, "birth parent" means "birth parent"
as defined in Section 8512.
Please see the information at the following links:
http://www.grandparenting.org/GrandparentVisitation.htm
http://www.grandtimes.com/visit.html
http://www.aarp.org/family/grandparenting/articles/grandparents-visitation_1.html
http://www.expertlaw.com/library/child_custody/grandparents_rights.html
