In California, parents typically get to decide who their children will spend time with. A situation could arise where a grandparent is denied access to their grandchildren because one parent has become estranged from the other or is denied custody and visitation rights. In these cases, the grandparents do have a remedy at their disposal in California. In this article, the grandparent's rights attorneys at Wagner Family Law will discuss California's rules regarding grandparent visitation and how you, as a grandparent, can petition the court for visitation time with your grandchildren.

Grandparent's rights in Sacramento, California

Grandparents are not automatically awarded access to their grandchildren. Typically, visitation time with grandparents is negotiated with the children's parents. However, a grandparent may petition the court to gain visitation access to a child under specific circumstances. The court's primary concern when rendering a decision on this matter is whether or not the relationship is in the child's best interests. Therefore, a grandparent who is petitioning the court for visitation time must be able to present evidence that the child will be harmed without the relationship. In coming to a decision, the court will weigh several factors. These include:

• The child's age

• The grandparents' relationship with the child

• The child's relationship with the parents or legal guardians

According to California Code, Family Code - FAM § 3105, a parent's rights are not absolute. The court may grant reasonable visitation rights to a person who previously served as the legal guardian of a child if visitation is determined to be in the best interest of the minor child.

A grandparent must establish that there is an existing bond between the grandparent and the child and that this bond is in the best interests of the child. The child's best interests outweigh the parent's legal rights to make decisions about their child in California.

If you are a grandparent who is seeking custody of a child

You can, as a grandparent, petition the court for custody of a child. This is a much more difficult argument to make. The grandparents must be able to prove that the child's parents cannot care for the child and that the child is at risk of harm within their home. The court will consider factors similar to visitation when coming to such a decision. But the legal bar is quite high. 

If you are a grandparent who is seeking custody of a child, an attorney can help you navigate the court system, file the appropriate petitions, and then build your case with evidence that you provide related to your petition. Wagner Family Law will begin helping grandparents who want custody of their grandchildren by educating them on the laws that support their claim. We will also represent you in court. We will help you understand the legal standards that are employed in a grandparent custody case. 

Advocating for grandparents in grandparent visitation cases

Wagner Family Law represents the interests of grandparents who are filing both visitation petitions and child custody petitions. 

If you are merely seeking visitation time with the child, we will help establish that continuing the child's relationship with you (their grandparents) is in the child's best interests. We will further establish that the child would be harmed if they cannot continue their relationship with their grandparents. By proving to the court that having you in your grandchild's life is in the child's best interests, we can hopefully convince the court to establish routine visits with your grandchild. 

What circumstances affect a grandparent's right to visit a child?

In most cases, parents enthusiastically allow their own parents access to their children. Grandparents will take the children out on fun excursions, babysit for the parents when they want time together, and otherwise have regular access to the children as necessary. However, certain circumstances can impact this fairly normal arrangement. 

A grandparent's rights can be impacted by certain circumstances. These include:

• The death of a spouse - If your own child has died and the other parent does not have a strong relationship with their in-laws, then it can create a situation where the grandparents become alienated by the surviving parent. In that case, a grandparent may want to get the court involved so that they still have an opportunity to visit with their grandchildren. 

• Adoption - If a child is adopted by a stepparent, then the original parent's parents would no longer have access to the child. In this circumstance, the parent would have withdrawn their parental rights to the child, allowing another person to assume custody. In these cases, the parents do not have to allow the grandparent access to the child. However, a grandparent may be able petition the court to get visitation rights. 

• The parents of the child are unmarried - When the parents of the child are unmarried, and paternity is not established, it may be difficult for the grandparents to have access to the children. 

Evidence to demonstrate that you deserve visitation time with your grandchildren

Wagner Family Law will provide grandparents with comprehensive representation during the process of establishing visitation rights. This includes proving to the court that you have a strong, ongoing relationship with your grandchild and that the loss of this relationship would have a negative impact on the child. Here, the standard that the courts employ is the best interests of the children. 

Evidence to demonstrate a grandparent should be given full custody of their grandchild

The argument for full custody is much more difficult to make. You will need to make accusations against the parent who currently has full custody. You will also need to establish your own fitness to serve as the child's guardian. The Sacramento grandparents' rights attorneys at Wagner Family Law will stand beside you every step of the way and ensure that you present an ironclad argument to the court. 

Factors that the court will consider include:

• The child's relationship with the grandparent - The court will consider how close the child is to their grandparent and the extent to which the grandparent has been involved in the child's life in the past. 

• The grandparent's ability to provide for the child - Is the grandparent financially stable enough to provide for the economic needs of the child? Their emotional needs? Can they provide for the child's basic needs? 

• The child's best interests - Ultimately, this is the greatest factor weighed by the court. Does it serve the child's best interests to have their current custody relationship with their parent terminated while the grandparents take over as primary caregivers? 

• The situation with the parents - To terminate custody, the court must find cause to do so. That means that the grandparents will have to make arguments that contend that the parents are unfit to provide for the emotional, financial, or physical needs of the child. 

• A history of abuse or neglect - The court will consider a history of abuse or neglect when revoking custody from a parent. 

Talk to a Sacramento, CA Grandparents' Rights Attorney Today

Wagner Family Law represents the interests of grandparents in visitation and custody actions. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.