The short response is of course, but with some really strong limitations.
Familys these days are diverse – kids, parents, stepparents, aunts, uncles, cousins, and grandparents are all part of the mix. In lots of cases, grandparents play a substantial role in the daily functioning of a healthy family, and can have a tremendous influence on the lives of their grandchildren.
In light of the importance of the relationship between grandchild and grandparent, the California law does afford some visitation rights to grandparents with concerns to their grandchildren. The public policy behind these rights is that it is occasionally in the best interests of children to have visitation time with their grandparents. A grandparent’s right to visitation, nevertheless, is far from unconditional.
Whether a grandparent has standing to file a petition for visitation rights is identified by the scenarios of the legal parents. A grandparent might file a request for visitation rights if the legal parents are presently associated with a marital dissolution proceeding, or if either legal moms and dad is deceased and the grandchild is unemancipated.
Grandparents do not have standing to file for visitation, however, if the legal parents are (1) married, (2) currently living together on a permanent basis, (3) have not been absent for more than a month without the other spouse knowing the whereabouts of the absent spouse, and (4) currently residing with the child, and the child has not been adopted by a step-parent. In these cases, a grandparent is not permitted to even file a petition for visitation rights.When a petition for visitation is filed by the grandparent, the general standard (like most youngster custody/visitation matters in California) is the best interests of the child.
A grandparent who is denied access to a grandchild should contact a knowledgeable family law attorney to find out more about visitation rights.
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