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Brandon Law Group
Specializing In Family Law Litigation And Mediation

Visitation rights for California grandparents

A separation or divorce can create strain in more relationships than just the one that exists between the dividing parties. It can cause tensions between parents and children, between spouses and their parents, and even between grandparents and their beloved grandchildren. In order to protect the important bonds that they have built between themselves and their grandkids some California grandparents seek to secure visitation time with the children they love.

As with all custody and visitation matters, California courts evaluate the best interests of the children before they allow grandparents legally mandated time with them. The courts will examine why the grandparents are seeking visitation, such as whether their contact with the youths has been limited by divorce, separation, the death of a parent or the disappearance of a parent. They will also consider the objections of the parents to extending visitation time to the grandparents.

If both parents agree that grandparent visitation is not in the children's best interests then a court will generally presume that the request should not be honored. The rights of parents to decide with whom their kids will spend time must be balanced against the rights of grandparents to be with their grandkids.

There is no guarantee that a grandparent who wishes to secure visitation time with their grandchild will prevail. Every case of visitation and custody must be considered on its own facts and merits. If a grandparent has a preexisting relationship with their grandchild, though, and that bond fosters the child's best interests then the grandparent may be able to make a strong case for securing visitation time with the child that they love.

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