The Courts in California may grant reasonable grandparent visitation of a minor child if the court finds that visitation by the grandparent is in the best interests of the child. The statute exists in the California Family Code Section 3103.

Procedurally, Notice of the grandparent’s petition for visitation rights must be given to each of the parent of the minor child, including any step parent or any person that has physical custody of the minor child. The notice should be done by certified mail, return receipt requested as to each parent.

The California Courts will also consider whether or not there is a pre-existing relationship between the grandparent and the grandchild to such a degree that visitation is in the best interests of the child. The Court will also consider and balance the interests of the grandparents having visitation versus the rights of parental authority.

Although grandparents rights for visitation may seem difficult, it can be sought and ordered through the courts particularly so if there has been a long established relationship between the grandparents and the grand child and the courts find it in the best interests of the minor child to have grandparent visitation.

There may be other circumstances where one of the biological parents is deceased, in jail, or the fact that both parents may still be married or that the minor child does not reside with either parent. It is best to consult with a family law attorney at Wallin & Klarich to determine the circumstances of each case and discuss the appropriate actions to take.

If you are planning to initiate a grandparent rights petition, contact the experienced family law attorneys at Wallin & Klarich, to assist you in cost effective measures when in it comes to dealing with family law matters. Our attorneys have helped numerous people in the same or similar situations when divorce is involved. Call Wallin & Klarich today at 1-888-280-6839.