A grandparents rights attorney near me search reflects grandparents who are being cut off from their grandchildren — either during a parental divorce, after a parent's death, or when a parent is unfit. California law provides specific but limited rights for grandparents, and understanding those rights helps grandparents evaluate whether court action is appropriate.
What Rights Do Grandparents Have in California?
California Family Code sections 3100–3105 and 3103 provide grandparents with the right to petition for visitation in specific circumstances. Grandparents can petition for visitation when: the parents are separated or divorced; one parent is deceased; one parent has been absent for an extended period; or the child does not reside with either parent. Grandparents generally cannot petition for visitation when the parents are married and living together and both object — the law gives married, intact families significant deference.
Grandparent Custody vs Grandparent Visitation
Grandparent custody — actually obtaining physical custody of a grandchild — is different from visitation. Grandparent custody requires a showing that both parents are unfit or that exceptional circumstances exist making parental custody detrimental to the child. This is a high standard. Grandparent visitation requires only a showing that visitation is in the child's best interests and that a preexisting relationship between the grandparent and child has engendered a bond. A grandparents rights attorney near me can evaluate which remedy applies to your specific situation.
Furubotten Law, APC handles grandparent visitation and custody petitions throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.