There is quite a bit of misunderstanding concerning grandparent visitation in California. Grandparents may petition for visitation with their grandchildren pursuant to the Court’s discretion. A Court will only make an order to Grandparent visitation if the Grandparents had an existing relationship prior to petition and the Court determines that the it is in the children’s best interest. There is a presumption that it is not in the children’s best interest to interrupt or interfere with the rights of either natural or adoptive parent.
To complicate matters, Grandparents may only petition for visitation after the death of their child (the child’s parent) or if both parents are alive and married if: the parents are still married but living apart indefinitely, one parent has been absent for more than a month without excuse, one of the parents joins the grandparents’ petition, the child does not live with either parent, or the child has been adopted by a stepparent. If both parents are alive, and one of the conditions applies, but then changes, either parent may move to terminate the Grandparents’ visitation.
If you meet the qualifications to file a petition for visitation with your grandchildren, the Law Office of Mitchell A.. Jacobs will work hard with you to prove to the court that it is in the best interests of your grandchildren to have visitation with you. This is a difficult fight, and we believe that you should not be denied the opportunity to have a fulfilling and ongoing relationship with your grandchildren.