Grandparents could play a significant role in children's lives. A lot of them are even there while the child grows up. If anything happens to their parents or their parents' marriage, their grandparents will be their closest kin capable of providing guardianship.
However, there are cases where the parents' divorce isn't as amicable, complicating relationships with grandparents. So, how right do grandparents have to be in a young child's life?
Let's look at how grandparent visitation rights work, as handled by our prescreened California Family Law Attorneys.
Visitation Rights of Grandparents In California
Grandparents might also think about requesting visitation through guardianship. A visitation order guarantees that grandparents are permitted to see their grandchildren. However, while the parents are still married, the grandparents cannot apply for a visitation order.
The following situations permit a grandmother to request a visitation order:
- The parents live in separate homes
- The parent is in an unknown location or can't be located
- The grandparent's request for visitation is joined by one of the parents
- There is no parental home for the child
- A stepparent has adopted the grandchild
Families should attempt to settle visitation conflicts out of court whenever possible. First, however, a grandparent must file a request to have the court schedule a hearing to obtain an order for visitation in guardianship. Then notice must be sent to or served upon each interested party. The judge will ultimately decide whether to grant or refuse the motion at the hearing.
As mentioned, these petitions could be complicated depending on how things are with each unique case. If you're having difficulty with the process, the best option would be to contact a prescreened Family Lawyer in Los Angeles. A California family lawyer will be able to help you with the process, documentation, and representation.
Can Grandparents File Visitation Rights Even If The Parents Don't Want to?
When parents divorce in California, grandparents may ask for reasonable visitation rights even if both parents refuse.
The origins of the U.S. Supreme Court judgment, which formed the legislation in the United States providing for grandparents, are regrettable and sad.
In the case of Troxel v. Granville, the father, Brad Troxel, died and was survived by his two children and their mother, Tommie Granville. The parents were no longer close. But even after Brad passed away, Brad's parents continued to have a close relationship with their grandchildren and continued to see them frequently. Tommie restricted the grandparents' visits once she got remarried.
In the end, Brad's parents filed a lawsuit. As long as the Troxel's could demonstrate that visitation was in the child's best interest, the trial court accepted that the state law permitting grandparent visitation applied to them.
The applicable state statute was "too broad," in the opinion of the U.S. Supreme Court, and it violated a parent's fundamental freedom to make decisions for her children. In the end, the U.S. Supreme Court overturned the trial court's ruling granting the Troxel grandparents' right to more visitation.
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