Grandparents often hold a special place in a child’s heart. But what happens when something disrupts that bond? A divorce, a falling-out with the child’s parent, or even the death of a parent can leave grandparents feeling shut out of a child’s life.

If you’re a grandparent in California and you’re struggling to maintain contact with your grandchild, there are legal options that may help. While California law prioritizes the rights of parents, it also recognizes that, in some cases, preserving a relationship with a grandparent is in the child’s best interest.

Here’s what you need to know about understanding grandparent visitation rights in California.

Can Grandparents Ask the Court for Visitation?

While the answer is yes, there are some important limitations. In California, grandparents can request court-ordered visitation under certain circumstances. These can include:

• The child’s parents are divorced, separated, or not living together long-term.
• One of the child’s parents has passed away.
• A stepparent has adopted the child.
• One parent supports your request, even if the other doesn’t.
• The child does not live with either parent 
• The child’s parents are unmarried, and paternity has been legally established.

However, the law does not automatically grant grandparents any visitation rights. After requesting visitation, the courts will look at two key factors:

• The best interest of the child
• A parent’s fundamental right to make decisions about their child’s upbringing

In these situations, the courts want to respect a parent’s authority, but they also have to determine if cutting off this relationship would hurt the child.

What the Court Will Consider

Every family is different, and California judges know that. Instead of applying a one-size-fits-all rule, they will take a close look at your specific circumstances. Factors may include:

• How close your relationship is with the child
• Why you’re being denied visitation
• Whether visits would interfere with the child’s normal routine or stability
• Whether there’s conflict between you and the child’s parent(s)
• The child’s wishes, if they’re old enough to express them

If your bond with your grandchild is strong and ongoing, the court is more likely to see the value in protecting that connection.

What Happens When Visitation Is Granted?

If the court agrees that visitation is in the child’s best interest, it will issue a formal order. This will put a timeline for when and how visits will take place. That order is legally enforceable, and a parent cannot ignore it.

With that, you will have a clear, structured schedule for seeing your grandchild. If circumstances change down the road, the order can be modified.

And What About Stepparent Adoptions?

California law does allow visitation rights to continue even if a stepparent adopts the child. In most cases, the relationship with a grandparent does not end because a new parent enters the picture.

This is important for grandparents who have been consistent figures in a child’s life after the loss or absence of a biological parent.

The Realities Grandparents Face

Filing for visitation can be emotionally and legally challenging. For many, this means standing up to your own children or in-laws. Unfortunately, court proceedings can deepen existing family rifts.

But if you believe your relationship with your grandchild is worth fighting for, then seeking legal visitation may be your best path forward.

Grandparents Have Rights in California 

Now that you understand grandparents’ rights in California, you can take action. If you have been cut off from a grandchild you love, you do have legal rights. No one should be denied the opportunity to build on a healthy and loving relationship with a family member. 

These cases are never easy. They require thoughtful strategy, compassion, and often, legal guidance. But when the relationship is strong and rooted in love, you want to explore every option available. Roberts & Zatlin Law Office is here to help. 

To schedule a consultation and receive a free initial assessment of your case, please call (951) 381-8147 today.