Grandparent’s do have rights in California to visit with their grandchildren, this is especially true during Child Custody or Child Visitation disputes between the children’s parents. Family Law Code Section 3100 governs grandparents rights. It is especially important that if you had a pre-existing bond with your grandchildren that you file for custody or visitation under this family law code section that provides grandparent rights. There are requirements to be met for the grandparents to be awarded child visitation time with their grandchildren such as :
1) the parents of the children must be divorced or in the process of obtaining a divorce; and
2) there had to have been a prior bond or relationship with the grandchildren for custody and visitation time.
YOU do have rights. You simply need to fulfill those factors and you can be awarded court ordered child custody and/or child visitation time with your grandchildren.
The Atighechi Law Group understands how important a grandparent’s relationship with a child as it could be a nurturing, loving relationship. Although, there is strict criteria to be met under grandparent’s rights it is feasible to obtain rights for grandparents. You must however, petition the court for visitation time. Then the parent would be forced to provide the grandparent with some quality time with the child. It will be very difficult for you to file the petition for grandparent’s rights on your own as there are factors and case law that must be met. You would need an experienced family law attorney to help you with your case.