Do Grandparents Have Visitation Rights in California? When and How the Courts Step In

Grandparents often play a vital role in a child’s life, providing emotional support, stability, and a meaningful connection to family history. But when family dynamics shift due to divorce, death, estrangement, or custody disputes, grandparents may find themselves cut off from their grandchildren. This can be heartbreaking and confusing. In California, grandparents do have the right to request court-ordered visitation under specific circumstances.

At Land Legal Group, our Los Angeles family law attorneys help grandparents understand when and how the law supports their continued involvement in a child’s life and what legal steps are available when contact is denied.

California Law on Grandparents’ Visitation Rights

California Family Code Section 3100 through 3105 outlines the circumstances under which a grandparent may petition for visitation. While parents have a constitutional right to make decisions about their child’s upbringing, the law recognizes that maintaining a bond with grandparents can be in a child’s best interest, especially when one parent is absent or unfit.

Grandparents may seek visitation when:

• One parent has passed away.
• The parents are divorced or legally separated.
• One parent has been missing for an extended period.
• The child does not live with either parent.
• A parent is incarcerated or institutionalized.
• A stepparent has adopted the child.

In these situations, the court may consider a grandparent’s request, provided that the visitation does not interfere with the custodial parent’s rights and serves the child’s emotional and developmental needs.

How the Court Decides Whether to Grant Visitation

The court’s primary concern is always the best interest of the child. When evaluating a grandparent’s request for visitation, the judge will consider several important factors.

They include, but are not limited to:

• The existing relationship between the grandparent and the child.
• Whether continued contact would benefit the child emotionally or psychologically.
• The reasons the parent is denying visitation.
• Any history of family conflict, domestic violence, or substance abuse.
• The child’s preference depends on their age and maturity.

It is the grandparent’s responsibility to demonstrate that the relationship with the child is meaningful and that continued visitation is in the child’s best interest.

Challenges Grandparents May Face

Pursuing visitation rights can be challenging. Courts give significant deference to a parent’s decision, and grandparents may face pushback from one or both parents. Additionally, suppose both parents agree that visitation should not occur. In that case, the court will typically dismiss the request unless there is compelling evidence to show that denying contact would harm the child.

Legal representation can make a critical difference. At Land Legal Group, we work with grandparents to build a strong case based on detailed evidence and compelling arguments that highlight the child’s well-being.

When to Speak with a Los Angeles Family Law Attorney

If you have been cut off from a grandchild you once shared a close relationship with, do not assume that you are without options. Timing, documentation, and the strength of your bond all matter in court. Our experienced Los Angeles County family law attorneys will guide you through the process and advocate for your role in your grandchild’s life.

To learn more about your rights as a grandparent in California, contact Land Legal Group at (310) 552-3500 or online. We are here to help you protect your connection with the ones you love.